It is crucial for inventors to understand what constitutes prior art in the post-America Invents Act (AIA) era.
Under 35 U.S.C. 102(a)(1), public disclosures are prior art — and therefore preclude the patentability of an invention. Public disclosures include patents, descriptions in printed publications, public use, availability for sale or other availability to the public.
Prior to the AIA, only domestic disclosures were considered prior art. That geographic limitation no longer exists. The phrase “otherwise available to the public” was introduced ...Continue Reading → Share