How does the AIA’s public use provision differ from pre-AIA law?

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’s public use provision under 35 U.S.C. 102(a)(1) differs from pre-AIA law in several key aspects:

• Geographic Scope: AIA removed the “in this country” limitation, making public uses anywhere in the world relevant.
• Timing: AIA focuses on the effective filing date, while pre-AIA used a critical date one year prior to the U.S. application date.
• Inventor’s Own Use: AIA treats inventor and third-party uses similarly, subject to exceptions in 35 U.S.C. 102(b)(1).

The MPEP clarifies:

“The public use provision of AIA 35 U.S.C. 102(a)(1) thus has the same substantive scope, with respect to uses by either the inventor or a third party, as public uses under pre-AIA 35 U.S.C. 102(b) by unrelated third parties or others under pre-AIA 35 U.S.C. 102(a).”

This means that while the overall concept of public use remains similar, the AIA broadened its application geographically and simplified the treatment of inventor vs. third-party uses.