How does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
How does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
The AIA 35 U.S.C. 102(b)(1)(A) exception applies to disclosures made by joint inventors in a specific way. According to MPEP 717:
“If the disclosure is a public disclosure by a joint inventor or another who obtained the subject matter from the inventor or a joint inventor, the subject matter disclosed is not prior art under AIA 35 U.S.C. 102(a)(1) if made one year or less before the effective filing date of the claimed invention.”
This means that if one joint inventor publicly discloses the invention within the one-year grace period before the effective filing date, this disclosure cannot be used as prior art against a patent application listing multiple joint inventors, including the disclosing inventor.
It’s important to note that this exception only applies to disclosures made by or derived from the joint inventors themselves. Disclosures by third parties not derived from the inventors would still be considered prior art unless another exception applies.
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