What is the grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B)?
The grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B) provides that a disclosure shall not be considered prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor.
As stated in the MPEP: AIA 35 U.S.C. 102(b)(1)(B) 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 subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor.
This provision allows inventors to disclose their invention before filing a patent application without that disclosure being used as prior art against their own application, provided they file within the grace period.
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