Can an applicant voluntarily identify grace period inventor-originated disclosures?

Yes, an applicant can voluntarily identify grace period inventor-originated disclosures. The MPEP encourages this practice:

“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). An applicant is not required to identify any prior inventor-originated disclosures or to use the format specified in 37 CFR 1.77, but identifying any such prior disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply.“

This voluntary disclosure can be beneficial because:

• It can expedite the examination process
• It may save costs associated with Office actions and replies
• It helps establish that a disclosure falls under the grace period exception

While not required, proactively identifying these disclosures can streamline the patent application process.

To learn more:

• grace period
• inventor disclosure
• AIA
• prior art exception
• patent application
• voluntary disclosure