How does the AIA affect the “by others” requirement in prior art?
The America Invents Act (AIA) eliminated the “by others” requirement that existed in pre-AIA 35 U.S.C. 102(a). This change significantly expands the scope of potential prior art under AIA 35 U.S.C. 102(a)(1). As stated in the MPEP: “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…
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