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…
Read MoreWhat 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 is the significance of pre-AIA 35 U.S.C. 102(b) in determining prior art?
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA…
Read MoreHow is the one-year time bar measured for patent applications?
The one-year time bar for patent applications under pre-AIA 35 U.S.C. 102(b) is measured from the U.S. filing date of the patent application. The MPEP clearly states: “The 1-year time bar is measured from the U.S. filing date. Thus, applicant will be barred from obtaining a patent if the public came into possession of the…
Read MoreWhat is the one-year grace period under pre-AIA 35 U.S.C. 102(b)?
The one-year grace period under pre-AIA 35 U.S.C. 102(b) refers to the time frame within which certain disclosures will not bar a patent application. Specifically, “Publications, patents, public uses and sales must occur ‘more than one year prior to the date of application for patent in the United States’ in order to bar a patent…
Read MoreWhat 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),…
Read MoreWhat 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…
Read MoreWhat 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,…
Read MoreIs there a grace period limitation for the AIA 35 U.S.C. 102(b)(2)(A) exception?
No, there is no grace period limitation for the AIA 35 U.S.C. 102(b)(2)(A) exception. The MPEP clearly states: In other words, there is no grace period limitation to the applicability of the 35 U.S.C. 102(b)(2)(A) exception. This means that the exception can apply regardless of when the U.S. patent document was published or filed. The…
Read MoreWhat happens if a maintenance fee is paid in the wrong amount?
If a maintenance fee is paid in the wrong amount, the following applies: If the fee paid is insufficient, the patent will expire unless the remaining balance is paid within the grace period along with any surcharge. If the fee paid exceeds the required amount, a refund may be requested. As stated in MPEP 2575:…
Read More