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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B) provides that a disclosure shall not be considered prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor. As stated in the MPEP: AIA 35 U.S.C. 102(b)(1)(B) provides that a grace period disclosure shall not be prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor. This provision allows inventors to disclose their invention before filing a patent application without that disclosure being used as prior art against their own application, provided they file within the grace period. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure by Inventor Not Prior Art MPEP 2155.02 Prohibited Affidavit for Prior Public Disclosure Required MPEP 2155.02 Permitted Keiko's Disclosure as Prior Art Despite Maria’s MPEP 2155.02 Affidavit Must Identify Publicly Disclosed Subject Matter MPEP 2155.02 Required Claims Must Be Anticipated By Prior Art MPEP 2155.02 Recommended Claims Must Be Rejected If Previously Disclosed MPEP 2155.02 Permitted Disclosure Manner Not Critical for Prior Art MPEP 2155.02 Permitted Manner of Disclosure Not Critical for Affidavit Under 37 CFR 1.130(b) MPEP 2155.02 Manner of Disclosure Not Critical for Prior Art MPEP 2155.02 Permitted Manner of Disclosure Irrelevant for Prior Art MPEP 2155.02 Other Related FAQs 5 FAQs Collapse How does AIA 35 U.S.C. 102(b)(2)(B) differ from AIA 35 U.S.C. 102(b)(1)(B)? What is the significance of the effective f...