What constitutes a “public use” under 35 U.S.C. 102(a)(1)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. A “public use” under 35 U.S.C. 102(a)(1) is defined in the MPEP 2152.02(c) as follows: “Public use” includes any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public. This definition encompasses various scenarios where an invention is made available to the public or used in a way that is not confidential. It’s important to note that the use doesn’t have to be widespread; even a single instance of public use can potentially bar patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 In Public Use Only Applies Within Country MPEP 2152.02(c) Changes to Prior Art Under AIA 35 U.S.C. 102 MPEP 2152 Public Use or Sale Abroad Counts as Prior Art Under AIA MPEP 2152 Invention's Own Public Use Bars Patentability MPEP 2152.02(c) Use Must Be Accessible to Public MPEP 2152.02(c) Invention Used by Third Party Is Not Public Use MPEP 2152.02(c) Critical Date for Pre-AIA Public Use Bar MPEP 2152.02(c) Other Related FAQs 5 FAQs Collapse How does the AIA define &#8220;public use&#8221; for patent purposes? What is the significance of the &#8220;effective filing date&#8221; in determining public use? What is the &#8220;public use&#8221; grace period under the AIA? Can a secret commercial use be considered a &#8220;public use&#8221; for patent purposes? How does the AIA&#8217;s public use provision differ from pre-AIA law?