Precludes a patent if a claimed invention was, before the effective filing date of the claimed invention: 

1. Patented; 
2. Described in a Printed Publication; 
3. In Public Use; On Sale;
4. or Otherwise Available to the Public. 

Remember how old Pre-AIA 102(a) and 102(b) specified that some activities (e.g., sale, knowledge, use) had to occur in the US to be prior art? Now we don’t care. Under AIA, these activities are prior art regardless of where they occur. AIA opened up 102 to the entire world. 

Also, notice that now we are comparing the prior art references to the “effective filing date of the claimed invention” (defined in AIA 102(d)). We no longer care about the invention date, so “swearing behind” the prior art with your earlier invention date will NOT help you anymore. Basically, you cannot get a patent unless you filed your application before one of the listed disclosures was made. 

BREAKING IT DOWN: 

1. Patents
   1. as of the grant date (or publication date, if earlier) – when is there a publicly known “right to exclude” 
   2. but be careful – even if the grant date falls after your filing date, it might still be prior art under 102(a)(2) as of its filing date
2. Printed Publications
   1. as of publication date – when it is reasonably findable by the public
   2. any kind of publication, not just patent-related ones 
   3. also includes digital publication, such as websites 
   4. includes published PCT applications (US-designated) 
   5. must be enabling without undue experimentation
3. In Public Use
   1. old law: mere commercial use or publicly accessible use was sufficient 
   2. now: must be PUBLICLY-INFORMING USE; publicly-accessible use
      1. example: it’s not enough to ride on bus w/ new engine; use must show how new engine works
4. On Sale
   1. in any language (doesn’t have to just be in english)
   2. secret sales or uses do NOT count (e.g., under confidentiality agreement) 

5. Otherwise Available to the Public
   1. This is a catchall provision for everything else – e.g., presentation poster at a conference
6. Inventor admissions
   1. will be counted as prior art against himself 
   2. No requirement by others – old Pre-AIA 102(a) and 102(e) required the disclosure to be “by others,” but now the PTO doesn’t care about the “who,” only the “when” 

Basically, AIA 102(a)(1) bars a patent if the subject matter was in the public domain before you filed your application. So secret things, like trade secrets, secret sales, etc. are not prior art and will not hurt the owner.