Patent Law FAQ

Yes, an inventor’s own work can be used as prior art against their patent application under certain circumstances. According to MPEP 2133.02:

“Any invention described in a printed publication more than one year prior to the date of a patent application is prior art under Section 102(b), even if the printed publication was authored by the patent applicant.”

This means that if an inventor publicly discloses their invention (through a publication, public use, or sale) more than one year before filing a patent application, that disclosure can be used as prior art against their own application. This creates a statutory bar to patentability under pre-AIA 35 U.S.C. 102(b).

To learn more:

• prior art
• inventor’s own work
• statutory bar
• public disclosure