What is the “grace period inventor disclosure exception” in patent law?

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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 inventor disclosure exception” is a provision in 35 U.S.C. 102(b)(1)(A) that allows inventors to disclose their invention up to one year before filing a patent application without that disclosure being considered prior art against their own application. This exception is part of the America Invents Act (AIA) and is explained in MPEP 2153 : “[A] disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is not prior art if the disclosure was made: (1) One year or less before the effective filing date of the claimed invention; and (2) by the inventor or a joint inventor, or by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.” This exception provides inventors with a limited timeframe to publicly disclose their invention, gauge market interest, or seek funding without losing their right to patent protection. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions for Grace Period Inventor-Disclosed Prior Art MPEP 2153 Application Subject to FITF Provisions Must Be Examined Under AIA Rules MPEP 2153 Same Prior Art for Reissue as Original MPEP 1440 Permitted Claims of Reissue Evaluated as Original Patent MPEP 1440 Declassified Patent Application Required MPEP 130 Subject Matter of Original Claims Must Be Constructively Elected MPEP 1440 Prohibited Third-Party Submissions Must Be Filed Before Allowance Notice Or First Rejection MPEP 1134.01 Required Concise Description of Relevance Required for Third-Party Submissions MPEP 1134.01 Documents Must Be Potentially Relevant to Examination MPEP 1134.01 Requirement for Asserted Relevance of Submitted Documents MPEP 1134.01 Requir...