MPEP § 2152.02(f) — No Requirement of “By Others” (Annotated Rules)

§2152.02(f) No Requirement of “By Others”

USPTO MPEP version: BlueIron's Update: 2026-01-10

This page consolidates and annotates all enforceable requirements under MPEP § 2152.02(f), 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.

No Requirement of “By Others”

This section addresses No Requirement of “By Others”. Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 102(a). Contains: 1 permission and 2 other statements.

Key Rules

Topic

Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)

1 rules
StatutoryInformativeAlways
[mpep-2152-02-f-f513be57dbd8c9b8413d2b1d]
First Inventor to File Requirement
Note:
This rule applies to applications subject to examination under the first inventor to file provisions of the AIA, as set forth in 35 U.S.C. 100 (note).

[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 § 2131MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]

Jump to MPEP SourcePrior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)Statutory Authority for ExaminationAIA vs Pre-AIA Practice
Topic

Pre-AIA 102(a) – Known or Used (MPEP 2132)

1 rules
StatutoryInformativeAlways
[mpep-2152-02-f-03d3baa82b198c0451409d70]
Pre-AIA 102(a) Requires Prior Art by Others
Note:
The pre-AIA version of 35 U.S.C. 102(a) requires that prior art relied upon be disclosed by others, distinguishing it from the AIA version which does not have this requirement.

A key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement in pre-AIA 35 U.S.C. 102(a) that the prior art relied on was “by others.” Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others. Thus, any prior art which falls under AIA 35 U.S.C. 102(a)(1) need not be by another to constitute potentially available prior art. However, disclosures of the subject matter made one year or less before the effective filing date of the claimed invention by the inventor or a joint inventor or another who obtained the subject matter directly or indirectly from the inventor or a joint inventor may fall within an exception under AIA 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1).

Jump to MPEP SourcePre-AIA 102(a) – Known or Used (MPEP 2132)Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)AIA vs Pre-AIA Practice
Topic

Determining Whether Application Is AIA or Pre-AIA

1 rules
StatutoryPermittedAlways
[mpep-2152-02-f-38050e9ea21001aeee842430]
No Requirement of 'By Others' for Prior Art
Note:
Disclosures made by inventors within one year before the filing date do not need to be by others and may fall under an exception.

A key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement in pre-AIA 35 U.S.C. 102(a) that the prior art relied on was “by others.” Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others. Thus, any prior art which falls under AIA 35 U.S.C. 102(a)(1) need not be by another to constitute potentially available prior art. However, disclosures of the subject matter made one year or less before the effective filing date of the claimed invention by the inventor or a joint inventor or another who obtained the subject matter directly or indirectly from the inventor or a joint inventor may fall within an exception under AIA 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1).

Jump to MPEP SourceDetermining Whether Application Is AIA or Pre-AIAPre-AIA 102(a) – Known or Used (MPEP 2132)Determining AIA vs Pre-AIA Applicability (MPEP 2159)

Citations

Primary topicCitation
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)35 U.S.C. § 100
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)35 U.S.C. § 102
Determining Whether Application Is AIA or Pre-AIA
Pre-AIA 102(a) – Known or Used (MPEP 2132)
35 U.S.C. § 102(a)
Determining Whether Application Is AIA or Pre-AIA
Pre-AIA 102(a) – Known or Used (MPEP 2132)
35 U.S.C. § 102(a)(1)
Determining Whether Application Is AIA or Pre-AIA
Pre-AIA 102(a) – Known or Used (MPEP 2132)
35 U.S.C. § 102(b)(1)
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)MPEP § 2131
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)MPEP § 2138
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)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.

BlueIron Last Updated: 2026-01-10