How is the one-year time bar measured for patent applications?
The one-year time bar for patent applications under pre-AIA 35 U.S.C. 102(b) is measured from the U.S. filing date of the patent application. The MPEP clearly states:
“The 1-year time bar is measured from the U.S. filing date. Thus, applicant will be barred from obtaining a patent if the public came into possession of the invention on a date before the 1-year grace period ending with the U.S. filing date.”
This means that any public disclosure, use, sale, or patenting of the invention that occurs more than one year before the U.S. filing date can potentially bar the applicant from obtaining a patent.
It’s important to note that for applications with priority claims, such as those claiming the benefit of a foreign application or a provisional application, the relevant date for calculating the one-year bar is still the U.S. filing date of the non-provisional application, not the priority date. For more information on determining the effective U.S. filing date, refer to MPEP § 2139.01.
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