MPEP Q & A 53: Details on AIA 35 U.S.C. 102(a)



What does AIA 35 U.S.C. 102(a) state?


Specifically, AIA 35 U.S.C. 102(a) states that:

[a] person shall be entitled to a patent unless—

  • (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or
  •  (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 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.

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).

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