For post-AIA filings, what is the consideration for prior art?

The correct choice recognizes that under the America Invents Act (AIA), the definition of prior art has been broadened. For post-AIA patent applications, prior art is defined as any information that is publicly available before the effective filing date of the application. This includes anything that has been disclosed in a publication, presented at a conference, or otherwise made available to the public.

Specifically, prior art includes disclosures made one year prior to the filing date if the disclosures are related to the same subject matter as the claimed invention and come from a third party. Additionally, it encompasses anything made public prior to the filing date. This represents a significant shift in how prior art is assessed, emphasizing the importance of disclosures made shortly before the filing date in determining patentability.

This understanding effectively incorporates both older and relatively recent public information, ensuring that inventions are compared against whatever existed in the public domain, providing a more comprehensive picture of patentability. The other choices either misstate the timeframes for prior art consideration or incorrectly limit the types of disclosures that can be considered.