MPEP § 2154.02 — Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2) (Annotated Rules)
§2154.02 Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2)
This page consolidates and annotates all enforceable requirements under MPEP § 2154.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2)
This section addresses Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2). Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 102(a)(2). Contains: 2 statements.
Key Rules
Statutory Authority for Examination
Grace Period – Earlier Filed Application (102(b)(2))
See MPEP § 2154.02(a) for prior art exceptions to 35 U.S.C. 102(a)(2) under AIA 35 U.S.C. 102(b)(2)(A) based on the inventor-originated disclosure exception. See MPEP § 2154.02(b) for prior art exceptions to AIA 35 U.S.C. 102(a)(2) based on inventor-originated prior public disclosures as provided for in AIA 35 U.S.C. 102(b)(2)(B). See MPEP § 2154.02(c) for the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) to AIA 35 U.S.C. 102(a)(2) based on common ownership or obligation of assignment.
Citations
| Primary topic | Citation |
|---|---|
| Statutory Authority for Examination | 35 U.S.C. § 100 |
| Statutory Authority for Examination | 35 U.S.C. § 102 |
| Grace Period – Earlier Filed Application (102(b)(2)) | 35 U.S.C. § 102(a)(2) |
| Grace Period – Earlier Filed Application (102(b)(2)) | 35 U.S.C. § 102(b)(2)(A) |
| Grace Period – Earlier Filed Application (102(b)(2)) | 35 U.S.C. § 102(b)(2)(B) |
| Grace Period – Earlier Filed Application (102(b)(2)) | 35 U.S.C. § 102(b)(2)(C) |
| Statutory Authority for Examination | MPEP § 2131 |
| Statutory Authority for Examination | MPEP § 2138 |
| Grace Period – Earlier Filed Application (102(b)(2)) | MPEP § 2154.02(a) |
| Grace Period – Earlier Filed Application (102(b)(2)) | MPEP § 2154.02(b) |
| Grace Period – Earlier Filed Application (102(b)(2)) | MPEP § 2154.02(c) |
| Statutory Authority for Examination | MPEP § 2159 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2154.02 — Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2)
Source: USPTO2154.02 Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2) [R-07.2022]
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131–MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
See MPEP § 2154.02(a) for prior art exceptions to 35 U.S.C. 102(a)(2) under AIA 35 U.S.C. 102(b)(2)(A) based on the inventor-originated disclosure exception. See MPEP § 2154.02(b) for prior art exceptions to AIA 35 U.S.C. 102(a)(2) based on inventor-originated prior public disclosures as provided for in AIA 35 U.S.C. 102(b)(2)(B). See MPEP § 2154.02(c) for the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) to AIA 35 U.S.C. 102(a)(2) based on common ownership or obligation of assignment.