What is considered “patented” under AIA 35 U.S.C. 102(a)(1)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Under AIA 35 U.S.C. 102(a)(1) , “patented” refers to a prior patent that discloses the claimed invention before the effective filing date of the current application. The MPEP states: “AIA 35 U.S.C. 102(a)(1) indicates that a prior patent of a claimed invention will preclude the grant of a subsequent patent on the claimed invention.” This means that if an invention was patented in the U.S. or a foreign country before the effective filing date of the claimed invention, it can prevent the grant of a new patent on that invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Prior Patent Precludes Grant of Subsequent Patent MPEP 2152.02(a) Changes to Prior Art Under AIA 35 U.S.C. 102 MPEP 2152 Patent as Prior Art Under AIA MPEP 2152.02(a) Exceptions to Prior Art Under AIA 102(b) MPEP 2152 Prohibited Patent as Prior Art Requirement MPEP 2152.02(a) Patented Invention as Prior Art Requirement MPEP 2152.02(a) Effective Date for Prior Art Determination MPEP 2152.02(a) Disclosure Not Prior Art if Owned by Same Person MPEP 2152 Other Related FAQs 5 FAQs Collapse How does the AIA&#8217;s first-inventor-to-file system affect the interpretation of &#8220;patented&#8221; under 35 U.S.C. 102(a)(1)? What is the difference between pre-AIA and AIA treatment of patent prior art? How does AIA treat secret prior art in granted patents? What&#8217;s the difference between AIA 35 U.S.C. 102(a)(1) and 102(a)(2) regarding patents as prior art? How does AIA 35 U.S.C. 102(a)(1) treat non-claimed subject matter in a patent?