Can an inventor’s own prior disclosure be used against them under Pre-AIA 35 U.S.C. 102(f)?

Can an inventor’s own prior disclosure be used against them under Pre-AIA 35 U.S.C. 102(f)?

Generally, an inventor’s own prior disclosure cannot be used against them under Pre-AIA 35 U.S.C. 102(f). The MPEP clarifies:

“Pre-AIA 35 U.S.C. 102(f) applies only to cases where the invention is derived from another. It does not apply to cases where the applicant is the true and original inventor.“

This means:

• An inventor’s own prior disclosure or work cannot be considered as “derived from another” under 102(f).
• 102(f) is specifically concerned with situations where the applicant is not the true inventor or has derived the invention from someone else.
• However, an inventor’s own prior disclosure might still be relevant under other sections of 35 U.S.C. 102, such as 102(a) or 102(b), which deal with prior art.

It’s important to note that while 102(f) won’t apply to an inventor’s own disclosure, other sections of patent law may still affect the patentability of the invention based on prior disclosures.

To learn more:

• prior disclosure
• Pre-AIA 35 U.S.C. 102(f)
• inventor’s own work
• derived invention