What is the meaning of “disclosure” in the context of AIA 35 U.S.C. 102?

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.

The term “disclosure” is not explicitly defined in the AIA (America Invents Act), but it is used in the context of prior art exceptions. The USPTO treats “disclosure” as a generic expression encompassing the documents and activities listed in AIA 35 U.S.C. 102(a).

According to MPEP 2152.04, this includes:

• Being patented
• Described in a printed publication
• In public use
• On sale
• Otherwise available to the public
• Being described in a U.S. patent, U.S. patent application publication, or WIPO published application

The MPEP states: “Thus, the Office is treating the term “disclosure” as a generic expression intended to encompass the documents and activities enumerated in AIA 35 U.S.C. 102(a).”