What types of prior art are considered under AIA 35 U.S.C. 102(a)(1)?
AIA 35 U.S.C. 102(a)(1) considers the following types of prior art:
- Prior patenting of the claimed invention
- Descriptions of the claimed invention in a printed publication
- Public use of the claimed invention
- Placing the claimed invention on sale
- Otherwise making the claimed invention available to the public
As stated in the MPEP:
“Prior art documents and activities which may preclude patentability are set forth in AIA 35 U.S.C. 102(a)(1). Such documents and activities include prior patenting of the claimed invention, descriptions of the claimed invention in a printed publication, public use of the claimed invention, placing the claimed invention on sale, and otherwise making the claimed invention available to the public.”
The MPEP provides further details on each of these categories in sections 2152.02(a) – 2152.02(f).
To learn more:
Topics:
Described In A Printed Publication
MPEP 2100 - Patentability
MPEP 2152.02 - Prior Art Under Aia 35 U.S.C. 102(A)(1) (Patented
On Sale
Or In Public Use
Or Otherwise Available To The Public)
Patent Law
Patent Procedure