MPEP Q & A 112: What Does 35 U.S.C. 102(a)(2) Provide?



What does 35 U.S.C. 102(a)(2) provide?


AIA 35 U.S.C. 102(a)(2) provides that a person is not entitled to a patent if the claimed invention was described in a patent issued under 35 U.S.C. 151, or in an application for patent published or deemed published under 35 U.S.C. 122(b), in which the patent or application, as the case may be, names another inventor, and was effectively filed before the effective filing date of the claimed invention.

Chapter Details:

The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2152 of the MPEP.  The following is a brief summary of section 2152.

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

This section provides explicit details on AIA 35 U.S.C. 102(a) and (b). It includes a definition of each along with similarities and differences to pre-AIA 35 U.S.C. 102(a), (b), and (e).