According to 102(a), what determines the novelty of an invention?

In evaluating the novelty of an invention under 35 U.S.C. § 102(a), the determination hinges on the date of the invention itself. This provision establishes that an invention is not considered novel if it was known or used by others in the United States, or if it was patented or described in a printed publication before the individual making the claim invented the invention. Therefore, the date of invention is critical as it serves as the benchmark against which prior art is assessed. If prior art exists prior to this date, the invention will not be deemed novel, leading to potential rejection of the patent application.

The filing date of the application, while significant for establishing priority and for timing in certain cases, does not, by itself, determine novelty. Similarly, the publication date of prior art is thus regarded only in relation to the date of the invention, and the date of patent issuance is irrelevant to the assessment of novelty since this occurs after the comparison of the invention with prior art.

The focus on the date of invention underlines the importance of the actual development of the idea in order to secure a patent, distinguishing it as the critical factor in establishing the novelty that 35 U.S.C. § 102(a) seeks to protect.