What is the significance of the “catch-all” nature of the “otherwise available to the public” provision?

The “catch-all” nature of the “otherwise available to the public” provision in AIA 35 U.S.C. 102(a)(1) is significant because it broadens the scope of what can be considered prior art. As stated in MPEP 2152.02(e):

“This ‘catch-all’ provision permits decision makers to focus on whether the disclosure was ‘available to the public,’ rather than on the means by which the claimed invention became available to the public or whether a disclosure constitutes a ‘printed publication’ or falls within another category of prior art as defined in AIA 35 U.S.C. 102(a)(1).”

This approach allows for a more flexible and comprehensive evaluation of potential prior art, encompassing a wider range of public disclosures that may not fit into traditional categories but still make the invention available to the public.

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Topics: MPEP 2100 - Patentability, MPEP 2152.02(E) - Otherwise Available To The Public, Patent Law, Patent Procedure
Tags: AIA, Catch-All Provision, public availability