AIA First-Inventor-to-File Cheat Sheet: 35 U.S.C. 102 for the Patent Bar
The America Invents Act moved US patents to first-inventor-to-file for applications containing a claim with an effective filing date on or after March 16, 2013 (MPEP 2159). AIA 35 U.S.C. 102 is the most tested statute on the exam.
| Provision | What it says | MPEP |
|---|---|---|
| 102(a)(1) | Prior art: the claimed invention was patented, described in a printed publication, in public use, on sale, or otherwise available to the public before the effective filing date | 2152 |
| 102(a)(2) | Prior art: a US patent or published application (or WIPO publication designating the US) naming another inventor and effectively filed before the effective filing date | 2154 |
| 102(b)(1)(A) | Not prior art: a disclosure one year or less before the effective filing date by the inventor or a joint inventor, or by another who obtained it from them | 2153.01 |
| 102(b)(1)(B) | Not prior art: a disclosure one year or less before, if the inventor publicly disclosed the subject matter first | 2153.02 |
| 102(b)(2)(A)-(B) | Not 102(a)(2) art: subject matter obtained from the inventor, or publicly disclosed by the inventor before it was effectively filed | 2154.02(a)-(b) |
| 102(b)(2)(C) | Not 102(a)(2) art: the subject matter and the claimed invention were commonly owned, or subject to an obligation of assignment to the same person, not later than the effective filing date | 2154.02(c) |
| 102(c) | Joint research agreements count as common ownership for 102(b)(2)(C) if the conditions are met | 2156 |
| 102(d) | When a patent or application is 'effectively filed' for 102(a)(2): its earliest filing or entitled priority/benefit date | 2154.01(b) |
Trap
Practise these in AIA novelty and the free practice test.
Frequently asked questions
When did first-inventor-to-file start?
For applications containing a claim with an effective filing date on or after March 16, 2013 (MPEP 2159).
How long is the AIA grace period?
One year before the effective filing date, for disclosures by the inventor or someone who obtained the subject matter from the inventor (35 U.S.C. 102(b)(1); MPEP 2153).
Go deeper: study notes
Related guides
Put it into practice
Free account, 650+ original practice questions, instant explanations and full timed practice exams.
Build a daily practice habit — a few exam-style questions a day, with worked answers. Free to start.
Start practicing →Patent Bar Prep is an independent study aid. It is not affiliated with, endorsed by or approved by the United States Patent and Trademark Office (USPTO) or its Office of Enrollment and Discipline (OED). Bank questions are original; USPTO-released exam questions are shown only in separate, labelled sets.