How does AIA 35 U.S.C. 102(a)(1) treat non-claimed subject matter in a patent?

Under AIA 35 U.S.C. 102(a)(1), even subject matter described but not claimed in a patent can be considered prior art. The MPEP states:

“Although an invention may be described in a patent and not claimed therein, the grant date would also be the applicable prior art date for purposes of relying on the subject matter disclosed therein as ‘described in a printed publication,’ provided that the patent was made available to the public on its grant date.”

This means that any subject matter disclosed in a patent, whether claimed or not, can potentially be used as prior art against a later invention, as long as the patent was publicly available on its grant date.

To learn more:

• AIA
• prior art
• patent law
• non-claimed subject matter
• printed publication