What is the time frame for the grace period inventor-originated disclosure exception?
The grace period inventor-originated disclosure exception applies to disclosures made one year or less before the effective filing date of the claimed invention. Importantly, the MPEP notes:
“The one-year grace period in AIA 35 U.S.C. 102(b)(1)(A) is extended to the next succeeding business day if the end of the one-year grace period otherwise falls on a Saturday, Sunday, or federal holiday. Ex parte Olah, 131 USPQ 41 (Bd. App. 1960) and 35 U.S.C. 21(b).“
This extension applies regardless of the filing method used, including Priority Mail Express® or the USPTO patent electronic filing system.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2153.01 - Prior Art Exception Under Aia 35 U.S.C. 102(B)(1)(A) To Aia 35 U.S.C. 102(A)(1) (Grace Period Inventor - Originated Disclosure Exception),
Patent Law,
Patent Procedure