What is the ‘otherwise available to the public’ category in AIA 35 U.S.C. 102(a)(1)?

The ‘otherwise available to the public’ category is a new addition to the definition of prior art under AIA 35 U.S.C. 102(a)(1). This category serves as a catch-all provision to include forms of public disclosure that may not fit neatly into the other specified categories. The MPEP states: “Finally, a catch-all ‘otherwise available to the…

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What is considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1)?

Under AIA 35 U.S.C. 102(a)(1), “otherwise available to the public” is a catch-all provision that encompasses disclosures made available to the public by any means. The MPEP 2152.02(e) states: “The catch-all provision of AIA 35 U.S.C. 102(a)(1), ‘otherwise available to the public,’ indicates that the statute does not limit prior art to the enumerated categories…

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How does the “otherwise available to the public” provision differ from pre-AIA prior art categories?

The “otherwise available to the public” provision in AIA 35 U.S.C. 102(a)(1) represents a significant change from pre-AIA law. According to MPEP 2152.02(e): “AIA 35 U.S.C. 102(a)(1) provides a ‘catch-all’ provision, which defines a new additional category of potential prior art not provided for in pre-AIA 35 U.S.C. 102.” This new provision allows for a…

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What is the one-year grace period for inventor-originated disclosures?

The one-year grace period for inventor-originated disclosures is a provision in the America Invents Act (AIA) that allows inventors to disclose their inventions up to one year before filing a patent application without those disclosures being considered prior art against their own applications. MPEP 2153.01(a) states: “AIA 35 U.S.C. 102(b)(1)(A) first provides that a disclosure…

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