What is a grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A)?

A grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A) is a disclosure made by the inventor or a joint inventor within one year prior to the effective filing date of the claimed invention. Such a disclosure is not considered prior art under AIA 35 U.S.C. 102(a)(1).

According to the MPEP, AIA 35 U.S.C. 102(b)(1)(A) provides that a grace period disclosure shall not be prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if the disclosure was made by the inventor or a joint inventor.

This provision allows inventors to disclose their invention within a year before filing a patent application without that disclosure being used as prior art against their own application.

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Topics: MPEP 2100 - Patentability, MPEP 2155.01 - Showing That The Disclosure Was Made By The Inventor Or A Joint Inventor, Patent Law, Patent Procedure
Tags: AIA, grace period, Inventor Disclosure