What are the key changes to 35 U.S.C. 102 under the AIA?

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 America Invents Act (AIA) made significant changes to 35 U.S.C. 102, which defines what qualifies as prior art. The key changes include:

• AIA 35 U.S.C. 102(a)(1) and (a)(2) set forth what qualifies as prior art.
• AIA 35 U.S.C. 102(b) sets forth exceptions to prior art established in AIA 35 U.S.C. 102(a).
• The AIA eliminated the geographic requirement for prior art activities.
• The AIA introduced a one-year grace period for inventor-originated disclosures.

As stated in the MPEP: AIA 35 U.S.C. 102(a)(1) provides that a person is not entitled to a patent if the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.