How does the AIA use the term “disclosure” in 35 U.S.C. 102?

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 (America Invents Act) uses the term “disclosure” in specific contexts within 35 U.S.C. 102, particularly in relation to exceptions to prior art. According to MPEP 2152.04:

“AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior art under AIA 35 U.S.C. 102(a)(1) or 102(a)(2).”

This means that while the term “disclosure” is not used in AIA 35 U.S.C. 102(a), it is used in subsections (b)(1) and (b)(2) to describe exceptions to what would otherwise be considered prior art under 102(a)(1) or 102(a)(2).