When is a disclosure considered an apparent inventor-originated disclosure?

A disclosure is considered an apparent inventor-originated disclosure when certain conditions are met. According to MPEP 2153.01(a):

“A disclosure is not prior art under AIA 35 U.S.C. 102(a)(1) if it is apparent from the disclosure itself that it is an inventor-originated disclosure. Specifically, Office personnel may not apply a disclosure as prior art under AIA 35 U.S.C. 102(a)(1) if the disclosure:

1. was made one year or less before the effective filing date of the claimed invention;
2. names the inventor or a joint inventor as an author or an inventor; and
3. does not name additional persons as authors on a printed publication or joint inventors on a patent.”

For example, if an application names A, B, and C as joint inventors, and a publication within the grace period names only A and B as authors, it is apparent that the disclosure is a grace period inventor disclosure and not prior art under AIA 35 U.S.C. 102(a)(1).

To learn more:

• inventor-originated disclosure
• grace period
• prior art
• AIA