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…
Read MoreWhat are inventor-originated prior public disclosures?
Inventor-originated prior public disclosures are another type of prior art exception under the America Invents Act (AIA). These disclosures refer to public disclosures made by the inventor or a joint inventor before the effective filing date of the claimed invention. The MPEP section 2153 mentions this concept: See MPEP § 2153.02 for prior art exceptions…
Read MoreHow does the “grace period non-inventor disclosure exception” work in patent law?
The “grace period non-inventor disclosure exception” is a provision in 35 U.S.C. 102(b)(1)(B) that protects inventors from certain disclosures made by others within one year of their patent application filing. This exception is explained in MPEP 2153: “[A] disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is not prior art…
Read MoreWhat is a grace period inventor-originated disclosure?
A grace period inventor-originated disclosure is a type of prior art exception under the America Invents Act (AIA). This exception allows inventors to disclose their invention within a certain period before filing a patent application without having that disclosure count as prior art against their own application. The MPEP section 2153 refers to this concept:…
Read MoreWhat is the “grace period inventor disclosure exception” in patent law?
The “grace period inventor disclosure exception” is a provision in 35 U.S.C. 102(b)(1)(A) that allows inventors to disclose their invention up to one year before filing a patent application without that disclosure being considered prior art against their own application. This exception is part of the America Invents Act (AIA) and is explained in MPEP…
Read MoreWhat is the First Inventor to File (FITF) provision?
The First Inventor to File (FITF) provision is a key component of the America Invents Act (AIA) that changed the U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system. This provision applies to certain patent applications filed on or after March 16, 2013. The MPEP section 2153 notes: [Editor Note: This MPEP section is…
Read MoreWhat is the significance of the “effective filing date” in AIA 35 U.S.C. 102(b)(1) exceptions?
The “effective filing date” is a crucial concept in determining the applicability of AIA 35 U.S.C. 102(b)(1) exceptions. As explained in MPEP 2153: “The exceptions in AIA 35 U.S.C. 102(b)(1) are only applicable to disclosures that occurred within the one year period before the effective filing date of the claimed invention.” The effective filing date…
Read MoreHow do AIA 35 U.S.C. 102(b)(1) exceptions affect international patent applications?
The AIA 35 U.S.C. 102(b)(1) exceptions have important implications for international patent applications, particularly in relation to the Patent Cooperation Treaty (PCT) and Paris Convention applications. According to MPEP 2153: “AIA 35 U.S.C. 102(d) defines ‘effective filing date’ for purposes of determining whether a particular disclosure qualifies as prior art under AIA 35 U.S.C. 102(a)(1)…
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