How does AIA 35 U.S.C. 103 define prior art for obviousness determinations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. AIA 35 U.S.C. 103 relies on AIA 35 U.S.C. 102(a) to define prior art for both novelty and obviousness determinations. The MPEP states: “ AIA 35 U.S.C. 102(a) defines what is prior art both for purposes of novelty under AIA 35 U.S.C. 102 as well as for purposes of obviousness under AIA 35 U.S.C. 103. “ This means that if a document qualifies as prior art under AIA 35 U.S.C. 102(a)(1) or (a)(2) and is not subject to an exception under AIA 35 U.S.C. 102(b), it can be used in an obviousness rejection under AIA 35 U.S.C. 103. However, it’s important to note that while a disclosure must enable those skilled in the art to make the invention to anticipate under 35 U.S.C. 102, a non-enabling disclosure can still be used as prior art for obviousness determinations under 35 U.S.C. 103. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art Under AIA 35 U.S.C. 102 MPEP 2158 Definition of Prior Art for Novelty and Obviousness Under AIA MPEP 2158 Non-Enabling Disclosure Is Prior Art for Obviousness MPEP 2158 Required Disclosure Not Prior Art Under AIA 102(b)(2)(C) MPEP 2158 Patent Application as Prior Art for Obviousness Determinations MPEP 2158 Required Requirement for Obviousness Rejection Under 35 U.S.C. 103 MPEP 1504.03 Permitted Disclosures Excepted as Prior Art Cannot Be Used in Rejections MPEP 2158 Prohibited First Inventor to File Provisions Under AIA MPEP 2158 Differences Between Claims and Prior Art Must Be Ascertained MPEP 2158 Exceptions Under AIA Cannot Be Used for Prior Art Rejections MPEP 2158 Prohibited Other Related FAQs 5 FAQs Collapse What changes did AIA 35 U.S.C. 103 make to pre-AIA 35 U.S.C. 103(b) and 103(c)? How does AIA 35 U.S.C. 103 ...