What is one condition for patentability under 35 U.S.C. § 102(a) as per the AIA?

Prepare for the USPTO Registration Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A condition for patentability under 35 U.S.C. § 102(a), as established by the America Invents Act (AIA), is that the claimed invention must be novel. Novelty means that the invention must be different from all prior art, which consists of any evidence that the invention was known or used before the filing date of the patent application. This requirement is crucial because it ensures that patents are granted only for innovations that provide new contributions to the field rather than for ideas or inventions that already exist.

The other options do not align with the criteria for patentability outlined in this section of the statute. For instance, while being registered, used, or marketed may have relevance in different contexts, they do not directly pertain to the novelty requirement necessary for patentability. Therefore, establishing that an invention is novel is fundamental for securing patent rights under U.S. patent law.

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