What types of U.S. patent documents are considered prior art under AIA 35 U.S.C. 102(a)(2)?

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)(2), three types of U.S. patent documents are considered prior art as of their effective filing date if they name another inventor:

• U.S. patents
• U.S. patent application publications
• World Intellectual Property Organization (WIPO) publications of international applications that designate the United States

As stated in the MPEP: “AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor.” For more detailed information, refer to MPEP § 2151, MPEP § 2154.01, and MPEP § 2154.01(a).