What are the prior art exceptions under 35 U.S.C. 102(b)(1)?
The prior art exceptions under 35 U.S.C. 102(b)(1) are provisions that exclude certain disclosures from being considered as prior art under the America Invents Act (AIA). These exceptions apply to the first inventor to file (FITF) provisions of the AIA.
The MPEP states: See MPEP § 2153.01 for prior art exceptions based on grace period inventor-originated disclosures as provided for under AIA 35 U.S.C. 102(b)(1)(A). See MPEP § 2153.02 for prior art exceptions based on inventor-originated prior public disclosures.
This means there are two main types of exceptions:
- Grace period inventor-originated disclosures
- Inventor-originated prior public disclosures
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2153 - Prior Art Exceptions Under 35 U.S.C. 102(B)(1) To Aia 35 U.S.C. 102(A)(1),
Patent Law,
Patent Procedure