Q: How is "public use" determined under AIA 35 U.S.C. 102(a)(1)?

Under AIA 35 U.S.C. 102(a)(1) , "public use" is determined by whether the use was available to the public. The MPEP states: "As discussed previously, public use under AIA 35 U.S.C. 102(a)(1) is limited to those uses that are available to the public." This means that for a use to be considered "public," it must be accessible or available to the public in some way. However, the MPEP also notes that the examiner has a responsibility to investigate potential public uses: "[O]nce an examiner becomes aware that a claimed invention has been the subject of a potentially public use, the examiner should require the applicant to provide information showing that the use did not make the claimed process accessible to the public." This places the burden on the applicant to demonstrate that a potentially public use was not actually accessible to the public if such a question arises during examination. To learn more: public use AIA 35 U.S.C. 102(a)(1) patent examination accessibility

Q: How is "public use" determined under AIA 35 U.S.C. 102(a)(1)?

Under AIA 35 U.S.C. 102(a)(1) , "public use" is determined by whether the use was available to the public. The MPEP states: "As discussed previously, public use under AIA 35 U.S.C. 102(a)(1) is limited to those uses that are available to the public." This means that for a use to be considered "public," it must be accessible or available to the public in some way. However, the MPEP also notes that the examiner has a responsibility to investigate potential public uses: "[O]nce an examiner becomes aware that a claimed invention has been the subject of a potentially public use, the examiner should require the applicant to provide information showing that the use did not make the claimed process accessible to the public." This places the burden on the applicant to demonstrate that a potentially public use was not actually accessible to the public if such a question arises during examination. To learn more: public use AIA 35 U.S.C. 102(a)(1) patent examination accessibility

Question 1

How is "public use" determined under AIA 35 U.S.C. 102(a)(1)?

Accepted Answer

Under AIA 35 U.S.C. 102(a)(1), "public use" is determined by whether the use was available to the public. The MPEP states:

"As discussed previously, public use under AIA 35 U.S.C. 102(a)(1) is limited to those uses that are available to the public."

This means that for a use to be considered "public," it must be accessible or available to the public in some way. However, the MPEP also notes that the examiner has a responsibility to investigate potential public uses:

"[O]nce an examiner becomes aware that a claimed invention has been the subject of a potentially public use, the examiner should require the applicant to provide information showing that the use did not make the claimed process accessible to the public."

This places the burden on the applicant to demonstrate that a potentially public use was not actually accessible to the public if such a question arises during examination.

To learn more:

Question 2