Are there any exceptions to the prior art under AIA 35 U.S.C. 102(a)(1)?
Yes, there are exceptions to what constitutes prior art under AIA 35 U.S.C. 102(a)(1). The MPEP notes:
“However, disclosures of the subject matter made one year or less before the effective filing date of the claimed invention by the inventor or a joint inventor or another who obtained the subject matter directly or indirectly from the inventor or a joint inventor may fall within an exception under AIA 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1).”
This exception is often referred to as the “grace period” provision. It allows inventors to disclose their invention up to one year before filing a patent application without having that disclosure count as prior art against their own application.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(F) - No Requirement Of "By Others",
Patent Law,
Patent Procedure