What is the significance of the statutory bar under pre-AIA 35 U.S.C. 102(b)?
The statutory bar under pre-AIA 35 U.S.C. 102(b) is a critical concept in patent law that can prevent an inventor from obtaining a patent. According to MPEP 2133.02:
“A rejection under pre-AIA 35 U.S.C. 102(b) cannot be overcome by affidavits and declarations under 37 CFR 1.131 (Rule 131 Declarations), foreign priority dates, or evidence that applicant himself invented the subject matter. Outside the 1-year grace period, applicant is barred from obtaining a patent containing any anticipated or obvious claims.”
This means that if an invention has been publicly disclosed (through publication, public use, or sale) more than one year before the patent application filing date, it creates an absolute bar to patentability. Unlike some other types of prior art rejections, this statutory bar cannot be overcome by showing earlier invention or foreign priority.
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