What is the one-year grace period in 35 U.S.C. 102(b)(1)?
The one-year grace period in 35 U.S.C. 102(b)(1) provides exceptions to certain disclosures that would otherwise be considered prior art under 35 U.S.C. 102(a)(1). The MPEP states:
“Potential references within the one-year grace period are excepted as prior art under 35 U.S.C. 102(b)(1)(A) when the inventor’s own work has 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 grace period applies to disclosures made:
- One year or less before the effective filing date of the claimed invention
- By the inventor, a joint inventor, or someone who obtained the subject matter directly or indirectly from them
Additionally, 35 U.S.C. 102(b)(1)(B) provides an exception for disclosures made by others within the grace period if the subject matter was previously publicly disclosed by the inventor or someone who obtained it from them.
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