What is the significance of AIA 35 U.S.C. 102(b) in relation to disclosures?

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.

AIA 35 U.S.C. 102(b) plays a crucial role in determining whether certain disclosures qualify as prior art. According to MPEP 2152.04:

“AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior art under AIA 35 U.S.C. 102(a)(1) or 102(a)(2).”

This means that 102(b) provides exceptions to what would otherwise be considered prior art under 102(a). These exceptions can include:

• Disclosures made by the inventor or joint inventor
• Disclosures that appeared in applications and patents having a common assignee or inventor
• Disclosures made after public disclosure by the inventor

Understanding these exceptions is crucial for inventors and patent practitioners in determining the novelty and patentability of an invention.