What are some examples of disclosures that could be “otherwise available to the public”?

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 MPEP 2152.02(e) provides several examples of disclosures that could be considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1):

• A student thesis in a university library
• A poster display or information disseminated at a scientific meeting
• Subject matter in a laid-open patent application or patent
• A document electronically posted on the Internet
• A commercial transaction that does not constitute a sale under the Uniform Commercial Code

The MPEP states, “Even if a document or other disclosure is not a printed publication, or a transaction is not a sale, either may be prior art under the ‘otherwise available to the public’ provision of AIA 35 U.S.C. 102(a)(1), provided that the claimed invention is made sufficiently available to the public.”