MPEP 2152 - Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)

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Section Summary
MPEP § 2152: “Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)” explains how the America Invents Act (AIA) redefined prior art under the first inventor to file (FITF) system. It distinguishes between two main types of prior art under 35 U.S.C. 102(a): disclosures available to the public before the effective filing date (such as patents, printed publications, public use, sales, and other public availabilities), and earlier-filed U.S. patents and applications that name different inventors. It then details the exceptions under 35 U.S.C. 102(b), which exclude certain disclosures from being considered prior art if they originate from the inventor or were publicly disclosed by the inventor within one year before filing. The section highlights key differences between pre-AIA and AIA regimes, such as the elimination of the ability to swear behind references based on invention date, the global scope of prior art, and the inclusion of a new residual category—“otherwise available to the public.” It also explains how the effective filing date is determined and how different claims within the same application may have different effective dates.

Illustration Explanation
This image represents the core legal concept of AIA 35 U.S.C. 102(a) and (b), which governs the novelty of patent claims based on prior public disclosures and establishes conditions under which certain disclosures do not qualify as prior art.

Edition Referenced
Manual of Patent Examining Procedure (MPEP)
Ninth Edition, Revision 01.2024

Disclaimer
This summary of the MPEP was generated using AI tools, including ChatGPT and NotebookLM, and may contain errors or omissions. It is provided for general educational and informational purposes only and is not legal advice or a substitute for formal instruction. For authoritative guidance, consult the official MPEP, a qualified instructor, or a registered patent practitioner.

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