What does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?

According to the MPEP, “The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public.” This interpretation was established in the case of Carella v. Starlight Archery.

The MPEP further clarifies that for knowledge or use to be considered accessible to the public, there should be no deliberate attempt to keep it secret. This principle is based on the W. L. Gore & Assoc. v. Garlock, Inc. case.

To learn more:

• pre-AIA 35 U.S.C. 102(a)
• public knowledge
• public use
• novelty
• prior art