The newly minted 35 U.S.C. § 102(b)(1) under the AIA will create an exception in rather than affirmatively naming prior art. The intricacies of this exception will differ from that of the previous statutory bar under 102(b).
Now, the disclosure under the 35 U.S.C. § 102(b)(1) AIA rule refers to the disclosures made under 35 U.S.C. § 102(a). This means that public use or sales anywhere (rather than simply in the US) more than one year, will now be considered prior art. This broadens the previous statutory bar. |
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