Patent Bar Authority Guide ✓ Verified for MPEP Ninth Edition, Rev. 01.2024 (Nov 2024) Updated for 2026 Exam Window

35 U.S.C. 102 Novelty Explained

Q: Can an applicant use a 37 CFR 1.130(b) declaration if a third party publishes a broad genus after the inventor publicly disclosed a single species?

No. Under MPEP § 2153.01(b) and § 717.01(b)(2), an intervening disclosure of a generic invention by a third party is NOT disqualified under 35 U.S.C. 102(b)(1)(B) if the inventor had previously publicly disclosed only a single species.

Q: What are the three exceptions to AIA 35 U.S.C. 102(a)(2) prior art under § 102(b)(2)?

Under 35 U.S.C. 102(b)(2), a U.S. patent, U.S. patent publication, or WIPO PCT publication is not 102(a)(2) prior art if: (A) the subject matter was obtained from the inventor, (B) the subject matter had been publicly disclosed by the inventor before the reference was effectively filed, or (C) the subject matter and the claimed invention were commonly owned (or under a joint research agreement) not later than the effective filing date.

35 U.S.C. 102 governs novelty and prior art qualification: under the America Invents Act (AIA, effective March 16, 2013), prior art is defined globally relative to the effective filing date under § 102(a)(1) (public disclosures) and § 102(a)(2) (U.S. patents, U.S. published applications, and WIPO-published PCTs designating the U.S.), subject to the one-year grace period and common-ownership exceptions in § 102(b)(1) and § 102(b)(2).

Key 2026 Takeaways at a Glance

✓ AIA § 102(a)(1) eliminates geographic limits: public use or on-sale activity anywhere in the world before the effective filing date is prior art.
✓ AIA § 102(a)(2) (formerly 102(e)) reaches back to a foreign priority date and does NOT require English-language WIPO publication (reversing Pre-AIA Hilmer and 102(e) English rules).
✓ To anticipate a claim under § 102, a single prior art reference must teach every element arranged as in the claim, either expressly or inherently (MPEP § 2131).

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Practice 35 U.S.C. 102 Practice Questions (Novelty) (MPEP Rev. 01.2024 Cited)

Practice 35 U.S.C. 102 Practice Questions (Novelty) → 50 Free Questions

AIA 35 U.S.C. 102 vs. Pre-AIA 35 U.S.C. 102 Comparison Matrix

The Patent Bar tests your ability to contrast AIA and Pre-AIA prior art rules instantly:

Prior Art Feature	AIA 35 U.S.C. 102 (Filed ≥ Mar 16, 2013)	Pre-AIA 35 U.S.C. 102 (Filed < Mar 16, 2013)
Critical Date Benchmark	Effective Filing Date (EFD) of claimed invention	Date of Invention (102(a)/(e)/(g)) or 1 yr before US filing (102(b))
Public Use / On Sale Geography	Anywhere in the world (§ 102(a)(1))	In the United States ONLY (§ 102(a) & § 102(b))
Secret On-Sale Offer (Helsinn)	Still prior art under AIA § 102(a)(1) (MPEP § 2152.02(d))	Prior art under Pre-AIA § 102(b)
Published US/PCT Effective Date	Includes foreign priority date (§ 102(a)(2) & § 102(d))	US filing date only (Hilmer doctrine barred foreign priority date)
PCT Publication Language	Any language if WIPO-published & US designated	Must be published in English under PCT Art. 21(2)
Affidavit to Overcome	37 CFR 1.130(a) (Attribution) or 1.130(b) (Prior Disclosure)	37 CFR 1.131(a) (Swearing behind date of invention)

How This Topic Fits Into the 2026 USPTO Registration Examination Blueprint

Every question on the USPTO Patent Bar Exam traces directly back to three primary legal authorities loaded onto Prometric testing workstations: Title 35 of the United States Code (35 U.S.C. 101 Subject Matter Eligibility, 35 U.S.C. 102 Novelty & Prior Art, 35 U.S.C. 103 Obviousness, and 35 U.S.C. 112 Specification & Claims), Title 37 of the Code of Federal Regulations (37 CFR Parts 1, 11, 41, and 42), and the Manual of Patent Examining Procedure (MPEP Ninth Edition, Rev. 01.2024).

Prometric Exam Day Execution Checklist

During each 3-hour, 50-question Prometric session, you have exactly 3.6 minutes (216 seconds) per question. High-scoring candidates answer 35 to 40 questions on their first pass using memorized rules from MPEP 700, MPEP 200, MPEP 600, and MPEP 1800, and reserve the final 50–60 minutes to look up marked edge-case exceptions in the on-screen MPEP PDF viewer.

AIA vs. Pre-AIA & Deadline Verification Protocol

Before selecting an option on any Patent Bar question, run a three-point check: (1) check the effective filing date against the March 16, 2013 AIA transition date, (2) verify whether the deadline is extendable under 37 CFR 1.136(a) or non-extendable by statute (such as the 12-month provisional period, 6-month maximum reply cap, or 2-year broadening reissue rule in MPEP 1400), and (3) check whether the proceeding is before the examiner, the PTAB (MPEP 1200), or Ex Parte Reexamination (MPEP 2200).

To turn passive reading into a passing 70%+ score (63 out of 90 scored questions), pair this guide with active question drills in our Free 50-Question Practice Hub, review worked hypotheticals on our Example Questions page, and benchmark your lookup speed in the Timed Patent Bar Mock Exam Simulator.

Frequently Asked Questions

Can an applicant use a 37 CFR 1.130(b) declaration if a third party publishes a broad genus after the inventor publicly disclosed a single species?