What is the inventor-originated prior public disclosure exception under AIA 35 U.S.C. 102(b)(2)(B)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The inventor-originated prior public disclosure exception under AIA 35 U.S.C. 102(b)(2)(B) provides protection against certain prior art. As stated in MPEP 2154.02(b):

“AIA 35 U.S.C. 102(b)(2)(B) provides a second exception to prior art under AIA 35 U.S.C. 102(a)(2). This provision excepts as prior art subject matter that was effectively filed by another after the subject matter had been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor.”

This exception applies when the inventor or someone who obtained the subject matter from the inventor publicly disclosed the subject matter before the effective filing date of the U.S. patent document being used as prior art. There is no requirement that the mode of disclosure be the same as the intervening disclosure.