AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor's or at least one joint inventor’s own work as prior art, when the inventor's or at least one joint inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor. The AIA 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under AIA 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the AIA 35 U.S.C. 102(b)(2)(A) exception.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.

AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor's or at least one joint inventor’s own work as prior art, when the inventor's or at least one joint inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor. The AIA 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under AIA 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the AIA 35 U.S.C. 102(b)(2)(A) exception.

AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor's or at least one joint inventor’s own work as prior art, when the inventor's or at least one joint inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor. The AIA 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under AIA 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the AIA 35 U.S.C. 102(b)(2)(A) exception.

Specifically, AIA 35 U.S.C. 102(b)(2)(A) provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(2) is excepted as prior art if the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. Thus, if the subject matter in a U.S. patent document upon which the rejection is based is by another who obtained the subject matter from the inventor or a joint inventor, the applicant may establish by way of an affidavit or declaration of attribution under 37 CFR 1.130(a) that a disclosure is not prior art under AIA 35 U.S.C. 102(a)(2). MPEP § 2155.03 discusses the use of affidavits or declarations of attribution under 37 CFR 1.130(a) to show that the disclosure was by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor under the exception of AIA 35 U.S.C. 102(b)(2)(A) for an inventor-originated disclosure.

Specifically, AIA 35 U.S.C. 102(b)(2)(A) provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(2) is excepted as prior art if the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. Thus, if the subject matter in a U.S. patent document upon which the rejection is based is by another who obtained the subject matter from the inventor or a joint inventor, the applicant may establish by way of an affidavit or declaration of attribution under 37 CFR 1.130(a) that a disclosure is not prior art under AIA 35 U.S.C. 102(a)(2). MPEP § 2155.03 discusses the use of affidavits or declarations of attribution under 37 CFR 1.130(a) to show that the disclosure was by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor under the exception of AIA 35 U.S.C. 102(b)(2)(A) for an inventor-originated disclosure.

[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.]

AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor's or at least one joint inventor’s own work as prior art, when the inventor's or at least one joint inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor. The AIA 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under AIA 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the AIA 35 U.S.C. 102(b)(2)(A) exception.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.

Applicants can include a statement regarding any inventor-originated disclosures made in U.S. patent documents in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). In order to be effective to show that an inventor-originated disclosure made in a U.S. patent document is not prior art under AIA 35 U.S.C. 102(a)(2) because the AIA 35 U.S.C. 102(b)(2)(A) exception applies, the statement must convey the same information as would be required in a declaration under 37 CFR 1.130(a). See MPEP §§ 717.01(a)(1), 2155.01, and 2155.03. An applicant is not required to identify any inventor-originated disclosure made in a U.S. patent document or to use the format specified in 37 CFR 1.77(b)(6), but identifying any such disclosures may expedite examination of the application and save applicants (and the Office) the costs related to an Office action and reply. If the patent application specification as filed contains a specific reference to an inventor-originated disclosure made in a U.S. patent document, and an oath or declaration under 37 CFR 1.63 from the inventor or the appropriate joint inventor(s) has been made of record, the Office will consider it apparent from the specification that the inventor-originated disclosure made in the U.S. patent document is attributable to the inventor or a joint inventor, provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. The applicant should also provide a copy of the inventor-originated disclosure made in a U.S. patent document (e.g., a copy of a U.S. patent application). Applicants may not use 37 CFR 1.77(b)(6) to add information about inventor-originated disclosures made in U.S. patent documents to the specification after the date that the application is filed. Applicants should use 37 CFR 1.130(a) to submit such information after filing.