How does the inventor-originated disclosure exception work under AIA 35 U.S.C. 102(b)(2)(A)?
The inventor-originated disclosure exception under AIA 35 U.S.C. 102(b)(2)(A) limits the use of an inventor’s own work as prior art. According to MPEP 2154.02(a):
“AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.”
To use this exception, an applicant can establish through an affidavit or declaration that the disclosure was by another who obtained the subject matter from the inventor or joint inventor.
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