What are the main categories of prior art under AIA 35 U.S.C. 102(a)?

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.

Under AIA 35 U.S.C. 102(a), there are two main categories of prior art:

• AIA 35 U.S.C. 102(a)(1): This includes documents and activities such as issued patents, published applications, non-patent printed publications, public use, sale, or other public availability of the claimed invention.
• AIA 35 U.S.C. 102(a)(2): This specifically covers U.S. patent documents.

The MPEP states: “The categories of prior art documents and activities are set forth in AIA 35 U.S.C. 102(a)(1) and the categories of prior art patent documents are set forth in AIA 35 U.S.C. 102(a)(2).” This means that these categories are used to determine the novelty and non-obviousness of a claimed invention.