What are the exceptions to prior art under 35 U.S.C. 102(b)(2)?
35 U.S.C. 102(b)(2) provides three important exceptions to what would otherwise be considered prior art under 35 U.S.C. 102(a)(2). The MPEP outlines these exceptions: 102(b)(2)(A): “limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application…
Read MoreWhat is the difference between the exceptions in 35 U.S.C. 102(b)(1) and 102(b)(2)?
The exceptions in 35 U.S.C. 102(b)(1) and 102(b)(2) serve different purposes and apply to different types of prior art. Here’s a comparison: 35 U.S.C. 102(b)(1) Exceptions: Apply to disclosures that would be prior art under 35 U.S.C. 102(a)(1) Cover public disclosures made within one year before the effective filing date Include exceptions for inventor’s own…
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