How can an applicant identify grace period inventor-originated disclosures?

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.

Applicants can identify grace period inventor-originated disclosures in several ways:

1. Include a statement in the patent application specification upon filing. The MPEP 2153.01(a) states: “Applicants can include a statement identifying any grace period inventor-originated disclosures in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a).”
2. Provide a copy of the grace period inventor disclosure (e.g., a copy of a printed publication).
3. File an affidavit or declaration under 37 CFR 1.130 to establish that a disclosure is not prior art due to the exception in AIA 35 U.S.C. 102(b).

While not required, identifying prior inventor-originated disclosures can expedite examination and potentially save costs related to Office actions and replies.