What does “otherwise available to the public” mean in patent law?

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.

“Otherwise available to the public” is a catch-all provision in AIA 35 U.S.C. 102(a)(1) that defines a new category of potential prior art. According to MPEP 2152.02(e), this provision “permits decision makers to focus on whether the disclosure was ‘available to the public,’ rather than on the means by which the claimed invention became available to the public or whether a disclosure constitutes a ‘printed publication’ or falls within another category of prior art.”

This provision broadens the scope of what can be considered prior art, allowing for various forms of public disclosure that may not fit into traditional categories.