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