What is the “subject matter” requirement for the AIA 35 U.S.C. 102(b)(2)(B) exception?

The “subject matter” requirement is crucial for applying the AIA 35 U.S.C. 102(b)(2)(B) exception. The MPEP clarifies: “The subject matter in the prior disclosure being relied upon under AIA 35 U.S.C. 102(a) must be the same ‘subject matter’ as the subject matter previously publicly disclosed by the inventor for the exceptions in AIA 35 U.S.C.…

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What are the requirements for invoking the exception under AIA 35 U.S.C. 102(b)(1)(B)?

To invoke the exception under AIA 35 U.S.C. 102(b)(1)(B), certain requirements must be met. MPEP 2155.02 outlines these requirements: “In order for the exception under AIA 35 U.S.C. 102(b)(1)(B) to apply, the subject matter of the intervening disclosure must be the same as the subject matter of the inventor’s previous public disclosure.” The key requirements…

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How can an inventor prove a previous public disclosure to invoke the exception under AIA 35 U.S.C. 102(b)(1)(A)?

To prove a previous public disclosure and invoke the exception under AIA 35 U.S.C. 102(b)(1)(A), an inventor must provide evidence that demonstrates the disclosure occurred before the date of the potential prior art being used against their application. According to MPEP 2155.02: “The previous public disclosure by the inventor or a joint inventor establishes that…

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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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