Is public knowledge the same as public use under pre-AIA 35 U.S.C. 102(b)?

No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states:

“Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.”

(MPEP 2133.03(a))

However, it’s important to note that while public knowledge may not constitute public use under 102(b), it could potentially provide grounds for rejection under other sections of the patent law, such as pre-AIA 35 U.S.C. 102(a).

To learn more:

• public use
• public knowledge
• pre-AIA 35 U.S.C. 102(b)
• patent bar