What types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?

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.

According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include:

• U.S. patents
• U.S. patent application publications
• WIPO published applications

The MPEP specifically states:

This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.

It’s important to note that this exception applies to these types of documents when they contain subject matter obtained from the inventor or joint inventor, either directly or indirectly.