What are the exceptions to public use under AIA 35 U.S.C. 102(b)(1)?

The AIA provides exceptions to what would otherwise be considered public use under 35 U.S.C. 102(a)(1). These exceptions are outlined in 35 U.S.C. 102(b)(1). The MPEP states:

“[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with the inventor) that precede the effective filing date by less than one year.”

This means that public uses or sales made by the inventor or someone who obtained the invention from the inventor are not considered prior art if they occurred within one year of the effective filing date. This one-year grace period allows inventors to test or commercially explore their inventions without losing patent rights, provided they file within a year of such activities.

For more detailed information on these exceptions, refer to MPEP § 2154.02.

To learn more:

• AIA
• 35 U.S.C. 102(b)(1)
• exceptions
• public use
• grace period