What condition is stated in Pre-AIA 102(b) regarding patentability?

The condition stated in Pre-AIA 102(b) regarding patentability is that the invention must be publicly known before the filing date. Under this provision, if an invention has been patented or publicly disclosed more than one year before the application is filed in the United States, it may not be patentable. This means that any public knowledge, disclosure, or use of the invention before the one-year grace period can be considered prior art against the application. Specifically, this rule serves as a safeguard for inventors, allowing them to have a limited time frame in which they can disclose their invention without it being a barrier to obtaining a patent.

Understanding this condition is critical as it influences how inventors approach the timing of their applications in relation to public disclosures. Disclosures that occur after the filing date do not invalidate the patent as of the date of application, thereby providing inventors certain protections while allowing for the promotion of technological progress by encouraging timely and innovative disclosures.