What does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?

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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. According to the MPEP, “ The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public. ” This interpretation was established in the case of Carella v. Starlight Archery . The MPEP further clarifies that for knowledge or use to be considered accessible to the public, there should be no deliberate attempt to keep it secret. This principle is based on the W. L. Gore & Assoc. v. Garlock, Inc. case. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Public Knowledge Or Use Must Be Accessible MPEP 2132 Novelty Requires Public Knowledge or Use MPEP 2132 Knowledge Accessible to Public Is Prior Art MPEP 2132 Novelty Requires Public Knowledge of Invention MPEP 2132 Secret Process Use Not Public Use MPEP 2132 Prohibited Prior Knowledge or Use Outside the U.S. Cannot Invalidate Pre-AIA Patentability MPEP 2132 Prohibited In This Country Means United States Only for Pre-AIA 102(a) Rejections MPEP 2132 Definition of Others for Prior Art References MPEP 2132 Other Entities Can Create Prior Art MPEP 2132 Nonsecret Commercial Production Is Public Use MPEP 2132 Other Related FAQs 5 FAQs Collapse What is the significance of the &#8220;by others&#8221; requirement in Pre-AIA 35 U.S.C. 102(a)? How does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)? What is the geographical limitation of &#8220;in this country&#8221; in pre-AIA 35 U.S.C. 102(a)? How does the &#8220;in this country&#8221; limitation apply to Pre-AIA 35 U.S.C. 102(a)? Who are considered &#8220;others&#8221; in the context of pre-AIA 35 U.S.C. 102(a)?