Are there any exceptions to prior art under AIA 35 U.S.C. 102(a)(2)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, there are exceptions to prior art under AIA 35 U.S.C. 102(a)(2). These exceptions are outlined in 35 U.S.C. 102(b)(2). The MPEP section 2154 states: “See MPEP § 2154.02 et seq. for prior art exceptions under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2).“

The exceptions generally fall into three categories:

• Disclosures made 1 year or less before the effective filing date of the claimed invention
• Disclosures appearing in applications and patents having common ownership
• The subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person

For detailed information on these exceptions, refer to MPEP § 2154.02 and its subsections.