MPEP § 2152.04 — The Meaning of “Disclosure” (Annotated Rules)

§2152.04 The Meaning of “Disclosure”

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

This page consolidates and annotates all enforceable requirements under MPEP § 2152.04, 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.

The Meaning of “Disclosure”

This section addresses The Meaning of “Disclosure”. Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 102(a). Contains: 3 statements.

Key Rules

Topic

Statutory Authority for Examination

1 rules
StatutoryInformativeAlways
[mpep-2152-04-a8deb63dccb03837cfa76719]
Disclosure Requirement Under FITF
Note:
This rule outlines the disclosure requirements for applications subject to examination under the first inventor to file provisions of the AIA.

[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 SourceStatutory Authority for ExaminationExamination ProceduresFirst Inventor to File (FITF) System
Topic

Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)

1 rules
StatutoryInformativeAlways
[mpep-2152-04-7b75bb46333a7ea4eec1b661]
Term 'Disclosure' Not Defined Under AIA
Note:
The term 'disclosure' is not defined in the AIA, and its usage in AIA 35 U.S.C. 102(a) is not specified.

The AIA does not define the term “disclosure,” and AIA 35 U.S.C. 102(a) does not use the term “disclosure.” AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior art under AIA 35 U.S.C. 102(a)(1) or 102(a)(2). Thus, the Office is treating the term “disclosure” as a generic expression intended to encompass the documents and activities enumerated in AIA 35 U.S.C. 102(a) (i.e., being patented, described in a printed publication, in public use, on sale, or otherwise available to the public, or being described in a U.S. patent, U.S. patent application publication, or WIPO published application).

Jump to MPEP SourcePrior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)AIA vs Pre-AIA PracticeNovelty / Prior Art
Topic

On Sale Under AIA (MPEP 2152.02(d))

1 rules
StatutoryInformativeAlways
[mpep-2152-04-6b6959ec1c1a540eaaa813b5]
Disclosure Is Not Prior Art Under Certain Conditions
Note:
The term 'disclosure' is treated as a generic expression encompassing various documents and activities that would otherwise be considered prior art under AIA 35 U.S.C. 102(a)(1) or (a)(2).

The AIA does not define the term “disclosure,” and AIA 35 U.S.C. 102(a) does not use the term “disclosure.” AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior art under AIA 35 U.S.C. 102(a)(1) or 102(a)(2). Thus, the Office is treating the term “disclosure” as a generic expression intended to encompass the documents and activities enumerated in AIA 35 U.S.C. 102(a) (i.e., being patented, described in a printed publication, in public use, on sale, or otherwise available to the public, or being described in a U.S. patent, U.S. patent application publication, or WIPO published application).

Jump to MPEP SourceOn Sale Under AIA (MPEP 2152.02(d))Otherwise Available to Public (MPEP 2152.02(e))Public Use Under AIA (MPEP 2152.02(c))

Citations

Primary topicCitation
Statutory Authority for Examination35 U.S.C. § 100
Statutory Authority for Examination35 U.S.C. § 102
On Sale Under AIA (MPEP 2152.02(d))
Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)
35 U.S.C. § 102(a)
On Sale Under AIA (MPEP 2152.02(d))
Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)
35 U.S.C. § 102(a)(1)
On Sale Under AIA (MPEP 2152.02(d))
Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)
35 U.S.C. § 102(b)(1)
Statutory Authority for ExaminationMPEP § 2131
Statutory Authority for ExaminationMPEP § 2138
Statutory Authority for ExaminationMPEP § 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