Who are considered “others” in the context of pre-AIA 35 U.S.C. 102(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. According to the MPEP, “ The term ‘others’ in pre-AIA 35 U.S.C. 102(a) refers to any entity which is different from the inventive entity. The entity need only differ by one person to be ‘by others.’ ” This interpretation applies to all types of prior art references under pre-AIA 35 U.S.C. 102(a), including publications, public knowledge, and public use. The MPEP further explains that this interpretation is necessary to maintain the one-year grace period provided under pre-AIA 35 U.S.C. 102(b). This principle is based on the case of In re Katz , where it was stated that any other interpretation “would negate the one year [grace] period afforded under § 102(b).” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Entity Must Differ by One Person to Be Considered 'By Others' MPEP 2132 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 Secret Process Use Not Public Use MPEP 2132 Prohibited Knowledge Accessible to Public Is Prior Art MPEP 2132 Novelty Requires Public Knowledge of Invention MPEP 2132 Novelty Requires Public Knowledge or Use MPEP 2132 Nonsecret Commercial Production Is Public Use MPEP 2132 Check for FITF Provision Compliance MPEP 2132 Other Related FAQs 5 FAQs Collapse What is the significance of the &#8220;by others&#8221; requirement in Pre-AIA 35 U.S.C. 102(a)? 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 country&#8221; limitation apply to Pre-AIA 35 U.S.C. 102(a)? What does &#8220;known or used by ...