How does the AIA define ‘disclosure’ in the context of prior art?

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 AIA does not explicitly define the term ‘disclosure’. However, the MPEP provides guidance on how the USPTO interprets this term in the context of prior art exceptions. According to the MPEP:

The Office is treating the term ‘disclosure’ as a generic expression intended to encompass the documents and activities enumerated in 35 U.S.C. 102(a) (i.e., being patented, described in a printed publication, in public use, on sale, or otherwise available to the public, or being described in a U.S. patent, U.S. patent application publication, or WIPO published application).

This broad interpretation means that ‘disclosure’ covers various forms of making information available to the public, including patents, publications, public use, and sales activities.