What is the grace period for disclosures under AIA 35 U.S.C. 102(b)(1)?

The AIA provides a one-year grace period for certain disclosures made before the effective filing date of a claimed invention. Specifically, 35 U.S.C. 102(b)(1) states:

A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if—

(A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or

(B) the subject matter disclosed had, before such disclosure, 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.

This grace period allows inventors to disclose their invention or have it disclosed by others who obtained the information from them, without these disclosures being considered prior art, as long as they occur within one year of the effective filing date of the patent application.

To learn more:

• AIA
• grace period
• 35 U.S.C. 102(b)(1)
• disclosure exceptions
• effective filing date

To learn more:

• 35 U.S.C. 102(b)(1)