What is the one-year grace period for 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.

The one-year grace period for inventor-originated disclosures is a provision in the America Invents Act (AIA) that allows inventors to disclose their inventions up to one year before filing a patent application without those disclosures being considered prior art against their own applications. MPEP 2153.01(a) states:

“AIA 35 U.S.C. 102(b)(1)(A) first provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is excepted as prior art if the disclosure is 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 disclosed directly or indirectly from the inventor or a joint inventor (i.e., an inventor-originated disclosure).”

It’s important to note that the grace period is extended to the next business day if it falls on a weekend or federal holiday: “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).”