How can an applicant prove a disclosure is an inventor-originated disclosure?

An applicant can prove a disclosure is an inventor-originated disclosure in several ways, depending on whether it’s apparent from the disclosure itself or requires additional evidence. According to MPEP 2153.01(a): Apparent from the disclosure: If the disclosure names the inventor or a joint inventor as an author and was made within the grace period, it…

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What is the one-year grace period in patent law?

The one-year grace period in patent law refers to the time period during which an inventor can file a patent application after publicly disclosing their invention. According to MPEP 2133.02, “Any invention described in a printed publication more than one year prior to the date of a patent application is prior art under Section 102(b),…

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What is the one-year grace period for inventor-originated disclosures?

The one-year grace period for inventor-originated disclosures is a provision in the America Invents Act (AIA) that allows inventors to disclose their inventions up to one year before filing a patent application without those disclosures being considered prior art against their own applications. MPEP 2153.01(a) states: “AIA 35 U.S.C. 102(b)(1)(A) first provides that a disclosure…

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What is the one-year grace period in 35 U.S.C. 102(b)(1)?

The one-year grace period in 35 U.S.C. 102(b)(1) provides exceptions to certain disclosures that would otherwise be considered prior art under 35 U.S.C. 102(a)(1). The MPEP states: “Potential references within the one-year grace period are excepted as prior art under 35 U.S.C. 102(b)(1)(A) when the inventor’s own work has been publicly disclosed by the inventor,…

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