What is the grace period for inventor disclosures under AIA 35 U.S.C. 102(b)(1)(B)?
What is the grace period for inventor disclosures under AIA 35 U.S.C. 102(b)(1)(B)?
The grace period for inventor disclosures under AIA 35 U.S.C. 102(b)(1)(B) is one year. This means that if the inventor or a joint inventor publicly discloses their invention, they have a one-year period during which they can file a patent application without that disclosure being considered prior art against their application.
The MPEP states: “If the subject matter disclosed had, before such subject matter was effectively filed under 35 U.S.C. 102(a)(2), been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor, the subject matter disclosed under 35 U.S.C. 102(a)(2) shall not be prior art to the claimed invention under 35 U.S.C. 102(a)(2).” (MPEP 2155.02)
This grace period provides inventors with a limited timeframe to disclose their invention and still maintain the right to patent it, as long as they file within one year of the disclosure.
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