What is the significance of the “by others” requirement in Pre-AIA 35 U.S.C. 102(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 “by others” requirement in Pre-AIA 35 U.S.C. 102(a) is a crucial element in determining what qualifies as prior art. The MPEP explains: “The fact that the prior art is ‘by others’ is a necessary condition for rejections under pre-AIA 35 U.S.C. 102(a).” This means that for a reference to be used as prior art under this section, it must originate from someone other than the inventor(s) of the application being examined. Work or disclosures by the inventor(s) themselves cannot be used against them as prior art under this specific provision. This requirement helps protect inventors from having their own work used against them in the patenting process, while still allowing for a thorough examination of the invention’s novelty in light of work done by others in the field. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Definition of Others for Prior Art References MPEP 2132 Other Entities Can Create Prior Art MPEP 2132 Public Knowledge Or Use Must Be Accessible MPEP 2132 Prior Knowledge or Use Outside the U.S. Cannot Invalidate Pre-AIA Patentability MPEP 2132 Prohibited Knowledge Accessible to Public Is Prior Art MPEP 2132 Check for FITF Provision Compliance MPEP 2132 Secret Process Use Not Public Use MPEP 2132 Prohibited Pre-AIA 102(a) Knowledge Must Be In U.S. MPEP 2132 Required In This Country Means United States Only for Pre-AIA 102(a) Rejections MPEP 2132 Entity Must Differ by One Person to Be Considered 'By Others' MPEP 2132 Other Related FAQs 5 FAQs Collapse How does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)? What is the geographical limitation of &#8220;in this country&#8221; in pre-AIA 35 U.S.C. 102(a)? How does the &#8220;in this co...