How is an inventor’s own work treated as prior art in patent applications?

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.

An inventor’s own work is generally not considered prior art against their own patent application unless it falls under one of the statutory categories defined in 35 U.S.C. 102. MPEP 2129 states:

“[E]ven if labeled as ‘prior art,’ the work of the same inventive entity may not be considered prior art against the claims unless it falls under one of the statutory categories.”

This principle is based on the common-sense notion that an inventor inherently has knowledge of their own work. The Federal Circuit has explained: “It is common sense that an inventor, regardless of an admission, has knowledge of his own work.”