Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
How does the AIA define “public use” for patent purposes?
The America Invents Act (AIA) provides a specific definition of “public use” for patent purposes. According to MPEP 2152.02(c):
“Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date of the claimed invention.”
The MPEP further clarifies that public use under the AIA is defined as any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public. This definition emphasizes the accessibility of the invention to the public, rather than the inventor’s control over the invention or their intent to keep it secret.
It’s important to note that the AIA’s definition of public use is broader than under pre-AIA law, as it includes uses that may not have been visible or known to the public, as long as the use was not actively kept secret.
To learn more:
What constitutes “secret use” in patent law?
In patent law, “secret use” refers to the use of an invention that is kept confidential and not accessible to the public. The Manual of Patent Examining Procedure (MPEP) 2152.02(c) states:
“An inventor’s private use or sale of the invention is not prior art under AIA 35 U.S.C. 102(a)(1) if it was not publicly accessible.”
This means that if an inventor uses their invention in a way that maintains its secrecy, such use does not count as “public use” and does not affect the patentability of the invention. However, it’s important to note that secret commercial use by the inventor for more than one year before filing a patent application may still impact patentability under the 35 U.S.C. 102(b) on-sale bar.
To learn more:
MPEP 2152.02(C) – In Public Use (2)
How does the AIA define “public use” for patent purposes?
The America Invents Act (AIA) provides a specific definition of “public use” for patent purposes. According to MPEP 2152.02(c):
“Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date of the claimed invention.”
The MPEP further clarifies that public use under the AIA is defined as any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public. This definition emphasizes the accessibility of the invention to the public, rather than the inventor’s control over the invention or their intent to keep it secret.
It’s important to note that the AIA’s definition of public use is broader than under pre-AIA law, as it includes uses that may not have been visible or known to the public, as long as the use was not actively kept secret.
To learn more:
What constitutes “secret use” in patent law?
In patent law, “secret use” refers to the use of an invention that is kept confidential and not accessible to the public. The Manual of Patent Examining Procedure (MPEP) 2152.02(c) states:
“An inventor’s private use or sale of the invention is not prior art under AIA 35 U.S.C. 102(a)(1) if it was not publicly accessible.”
This means that if an inventor uses their invention in a way that maintains its secrecy, such use does not count as “public use” and does not affect the patentability of the invention. However, it’s important to note that secret commercial use by the inventor for more than one year before filing a patent application may still impact patentability under the 35 U.S.C. 102(b) on-sale bar.
To learn more:
Patent Law (2)
How does the AIA define “public use” for patent purposes?
The America Invents Act (AIA) provides a specific definition of “public use” for patent purposes. According to MPEP 2152.02(c):
“Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date of the claimed invention.”
The MPEP further clarifies that public use under the AIA is defined as any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public. This definition emphasizes the accessibility of the invention to the public, rather than the inventor’s control over the invention or their intent to keep it secret.
It’s important to note that the AIA’s definition of public use is broader than under pre-AIA law, as it includes uses that may not have been visible or known to the public, as long as the use was not actively kept secret.
To learn more:
What constitutes “secret use” in patent law?
In patent law, “secret use” refers to the use of an invention that is kept confidential and not accessible to the public. The Manual of Patent Examining Procedure (MPEP) 2152.02(c) states:
“An inventor’s private use or sale of the invention is not prior art under AIA 35 U.S.C. 102(a)(1) if it was not publicly accessible.”
This means that if an inventor uses their invention in a way that maintains its secrecy, such use does not count as “public use” and does not affect the patentability of the invention. However, it’s important to note that secret commercial use by the inventor for more than one year before filing a patent application may still impact patentability under the 35 U.S.C. 102(b) on-sale bar.
To learn more:
Patent Procedure (2)
How does the AIA define “public use” for patent purposes?
The America Invents Act (AIA) provides a specific definition of “public use” for patent purposes. According to MPEP 2152.02(c):
“Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date of the claimed invention.”
The MPEP further clarifies that public use under the AIA is defined as any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public. This definition emphasizes the accessibility of the invention to the public, rather than the inventor’s control over the invention or their intent to keep it secret.
It’s important to note that the AIA’s definition of public use is broader than under pre-AIA law, as it includes uses that may not have been visible or known to the public, as long as the use was not actively kept secret.
To learn more:
What constitutes “secret use” in patent law?
In patent law, “secret use” refers to the use of an invention that is kept confidential and not accessible to the public. The Manual of Patent Examining Procedure (MPEP) 2152.02(c) states:
“An inventor’s private use or sale of the invention is not prior art under AIA 35 U.S.C. 102(a)(1) if it was not publicly accessible.”
This means that if an inventor uses their invention in a way that maintains its secrecy, such use does not count as “public use” and does not affect the patentability of the invention. However, it’s important to note that secret commercial use by the inventor for more than one year before filing a patent application may still impact patentability under the 35 U.S.C. 102(b) on-sale bar.
To learn more: