How can an applicant identify grace period inventor-originated disclosures?

Applicants can identify grace period inventor-originated disclosures in several ways:

1. Include a statement in the patent application specification upon filing. The MPEP 2153.01(a) states: “Applicants can include a statement identifying any grace period inventor-originated disclosures in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a).”
2. Provide a copy of the grace period inventor disclosure (e.g., a copy of a printed publication).
3. File an affidavit or declaration under 37 CFR 1.130 to establish that a disclosure is not prior art due to the exception in AIA 35 U.S.C. 102(b).

While not required, identifying prior inventor-originated disclosures can expedite examination and potentially save costs related to Office actions and replies.

To learn more:

• grace period
• inventor-originated disclosure
• patent application
• prior art exception