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

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).

To learn more:

• pre-AIA 35 U.S.C. 102(a)
• public use
• commercial use
• secret process
• novelty