Who are considered “others” in the context of pre-AIA 35 U.S.C. 102(a)?

According to the MPEP, “The term ‘others’ in pre-AIA 35 U.S.C. 102(a) refers to any entity which is different from the inventive entity. The entity need only differ by one person to be ‘by others.’” This interpretation applies to all types of prior art references under pre-AIA 35 U.S.C. 102(a), including publications, public knowledge, and public use.

The MPEP further explains that this interpretation is necessary to maintain the one-year grace period provided under pre-AIA 35 U.S.C. 102(b). This principle is based on the case of In re Katz, where it was stated that any other interpretation “would negate the one year [grace] period afforded under § 102(b).”

To learn more:

• pre-AIA 35 U.S.C. 102(a)
• others
• inventive entity
• prior art
• novelty