What is considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1)?

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)(1), “otherwise available to the public” is a catch-all provision that encompasses disclosures made available to the public by any means. The MPEP 2152.02(e) states:

“The catch-all provision of AIA 35 U.S.C. 102(a)(1), ‘otherwise available to the public,’ indicates that the statute does not limit prior art to the enumerated categories of ‘patented,’ ‘described in a printed publication,’ ‘in public use,’ and ‘on sale.’”

This means that any disclosure that makes the invention available to the public, regardless of the form or medium, can potentially qualify as prior art. Examples might include oral presentations, internet postings, or demonstrations at trade shows.