How does the AIA affect the interpretation of public use and on-sale bar?

The America Invents Act (AIA) has introduced changes to the interpretation of public use and on-sale bar. The MPEP 2133.03(e)(2) notes:

“This MPEP section may be applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).”

For a detailed discussion of public use and on-sale provisions under AIA, refer to MPEP § 2152.02(c) through (e). The key difference is that under AIA, the focus is on whether the invention was “available to the public” rather than just in public use or on sale.

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Topics: MPEP 2100 - Patentability, MPEP 2133.03(E)(2) - Intent, Patent Law, Patent Procedure
Tags: AIA, first inventor to file, On-Sale Bar, Public Use