Question 17
Domain 1: Patentability Requirements and Patent FundamentalsUnder 35 U.S.C. § 102, which of the following would NOT constitute prior art against a patent application filed on January 15, 2026?
Correct answer: C
Explanation
Under 35 U.S.C. § 102, prior art generally must be publicly available before the filing date. An oral presentation at a private company meeting with “no public disclosure” was not made available to the public, so it does not qualify as prior art against the January 15, 2026 application.
Why each option is right or wrong
A. A published patent application with a filing date of March 1, 2025
B. A thesis posted on a university website on December 1, 2025
C. An oral presentation at a private company meeting on November 1, 2025, with no public disclosure
35 U.S.C. § 102(a)(1) bars only subject matter that 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 January 15, 2026. A presentation given only at a private company meeting on November 1, 2025, with no public disclosure, was not made available to the public and therefore falls outside the statutory categories of prior art.
D. A product sold commercially in the United States on June 1, 2025