What are the requirements for invoking the exception under AIA 35 U.S.C. 102(b)(1)(B)?
To invoke the exception under AIA 35 U.S.C. 102(b)(1)(B), certain requirements must be met. MPEP 2155.02 outlines these requirements: “In order for the exception under AIA 35 U.S.C. 102(b)(1)(B) to apply, the subject matter of the intervening disclosure must be the same as the subject matter of the inventor’s previous public disclosure.” The key requirements…
Read MoreHow can an inventor prove a previous public disclosure to invoke the exception under AIA 35 U.S.C. 102(b)(1)(A)?
To prove a previous public disclosure and invoke the exception under AIA 35 U.S.C. 102(b)(1)(A), an inventor must provide evidence that demonstrates the disclosure occurred before the date of the potential prior art being used against their application. According to MPEP 2155.02: “The previous public disclosure by the inventor or a joint inventor establishes that…
Read MoreWhat is the significance of the grace period in relation to intervening disclosures?
The grace period is significant in relation to intervening disclosures because it protects inventors from certain disclosures made by third parties during the one-year period before the effective filing date of the claimed invention. MPEP 2155.02 explains: “The exception in AIA 35 U.S.C. 102(b)(1)(B) applies if the ‘subject matter disclosed [in the intervening disclosure] had,…
Read More