Does AIA 35 U.S.C. 102(a)(1) require prior art to be by others?

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.

No, AIA 35 U.S.C. 102(a)(1) does not require prior art to be by others. The MPEP clearly states:

“Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others. Thus, any prior art which falls under AIA 35 U.S.C. 102(a)(1) need not be by another to constitute potentially available prior art.”

This means that under the AIA, an inventor’s own public disclosures can potentially be used as prior art against their patent application, unless an exception applies.