MPEP § 2152.02 — Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public) (Annotated Rules)
§2152.02 Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public)
This page consolidates and annotates all enforceable requirements under MPEP § 2152.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public)
This section addresses Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public). Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 102(a)(1). Contains: 1 permission and 3 other statements.
Key Rules
Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131 – MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
On Sale Under AIA (MPEP 2152.02(d))
Prior art documents and activities which may preclude patentability are set forth in AIA 35 U.S.C. 102(a)(1). Such documents and activities include prior patenting of the claimed invention, descriptions of the claimed invention in a printed publication, public use of the claimed invention, placing the claimed invention on sale, and otherwise making the claimed invention available to the public. MPEP §§ 2152.02(a) – 2152.02(f) discuss each prior art document and activity that might preclude patentability under AIA in turn. 35 U.S.C. 102(a)(1)
AIA vs Pre-AIA Practice
Prior art documents and activities which may preclude patentability are set forth in AIA 35 U.S.C. 102(a)(1). Such documents and activities include prior patenting of the claimed invention, descriptions of the claimed invention in a printed publication, public use of the claimed invention, placing the claimed invention on sale, and otherwise making the claimed invention available to the public. MPEP §§ 2152.02(a) – 2152.02(f) discuss each prior art document and activity that might preclude patentability under AIA in turn. 35 U.S.C. 102(a)(1)
35 U.S.C. 102 – Novelty / Prior Art
Prior art documents and activities which may preclude patentability are set forth in AIA 35 U.S.C. 102(a)(1). Such documents and activities include prior patenting of the claimed invention, descriptions of the claimed invention in a printed publication, public use of the claimed invention, placing the claimed invention on sale, and otherwise making the claimed invention available to the public. MPEP §§ 2152.02(a) – 2152.02(f) discuss each prior art document and activity that might preclude patentability under AIA in turn. 35 U.S.C. 102(a)(1)
Citations
| Primary topic | Citation |
|---|---|
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | 35 U.S.C. § 100 |
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | 35 U.S.C. § 102 |
| 35 U.S.C. 102 – Novelty / Prior Art AIA vs Pre-AIA Practice On Sale Under AIA (MPEP 2152.02(d)) | 35 U.S.C. § 102(a)(1) |
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | MPEP § 2131 |
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | MPEP § 2138 |
| 35 U.S.C. 102 – Novelty / Prior Art AIA vs Pre-AIA Practice On Sale Under AIA (MPEP 2152.02(d)) | MPEP § 2152.02(a) |
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | MPEP § 2159 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2152.02 — Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public)
Source: USPTO2152.02 Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public) [R-08.2017]
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131–MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
Prior art documents and activities which may preclude patentability are set forth in AIA 35 U.S.C. 102(a)(1). Such documents and activities include prior patenting of the claimed invention, descriptions of the claimed invention in a printed publication, public use of the claimed invention, placing the claimed invention on sale, and otherwise making the claimed invention available to the public. MPEP §§ 2152.02(a)–2152.02(f) discuss each prior art document and activity that might preclude patentability under AIA in turn.35 U.S.C. 102(a)(1)