How does MPEP 715.01(d) relate to the one-year grace period in patent applications?
MPEP 715.01(d) is closely related to the one-year grace period provided under 35 U.S.C. 102(b)(1). The section states:
Where the last applied reference is less than a year prior to applicant’s or patent owner’s effective filing date, see MPEP § 2155.02.
This reference to MPEP § 2155.02 is significant because it deals with the grace period provisions. Essentially, MPEP 715.01(d) is guiding examiners and applicants to consider whether the activities or disclosures cited against the claims fall within the one-year grace period, which could potentially disqualify them as prior art if they originated from the inventor or a joint inventor.
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