How does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)?

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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. The MPEP states that “ The nonsecret use of a claimed process in the usual course of producing articles for commercial purposes is a public use. ” However, it’s important to note that a secret use of a process, even if the resulting product is commercially sold, does not necessarily constitute public use under pre-AIA 35 U.S.C. 102(a). The key factor is whether the public could learn the claimed process by examining the product. If the process cannot be discerned from the product, then the commercial sale of the product resulting from a secret process does not qualify as public use under pre-AIA 35 U.S.C. 102(a). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Secret Process Use Not Public Use MPEP 2132 Prohibited Nonsecret Commercial Production Is Public Use MPEP 2132 Check for FITF Provision Compliance MPEP 2132 Public Knowledge Or Use Must Be Accessible MPEP 2132 Pre-AIA 102(a) Knowledge Must Be In U.S. MPEP 2132 Required Prior Knowledge or Use Outside the U.S. Cannot Invalidate Pre-AIA Patentability MPEP 2132 Prohibited In This Country Means United States Only for Pre-AIA 102(a) Rejections MPEP 2132 Definition of Others for Prior Art References MPEP 2132 Entity Must Differ by One Person to Be Considered 'By Others' MPEP 2132 Other Entities Can Create Prior Art MPEP 2132 Other Related FAQs 5 FAQs Collapse What is the significance of the &#8220;by others&#8221; requirement in Pre-AIA 35 U.S.C. 102(a)? What is the geographical limitation of &#8220;in this country&#8221; in pre-AIA 35 U.S.C. 102(a)? How does the &#8220;in this country&#8221; limitation apply to Pre-AIA 35 U.S.C. 102(a)? Who are considered &#8220;others&#8221; in the context of pre-AIA 35 U.S.C. ...