What is the grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B)?
The grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B) provides that a disclosure shall not be considered prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor. As stated in the MPEP: AIA 35 U.S.C.…
Read MoreWhat is a grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A)?
A grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A) is a disclosure made by the inventor or a joint inventor within one year prior to the effective filing date of the claimed invention. Such a disclosure is not considered prior art under AIA 35 U.S.C. 102(a)(1). According to the MPEP, AIA 35 U.S.C. 102(b)(1)(A) provides…
Read MoreWhat is the significance of the filing date in relation to the grace period?
The filing date of a patent application is crucial in determining whether a disclosure falls within the grace period and qualifies for the inventor-originated disclosure exception. According to MPEP 2153.01(a): “AIA 35 U.S.C. 102(b)(1)(A) first provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is excepted as prior…
Read MoreWhat are the exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections?
What are the exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections? There are several exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections, which are outlined in 35 U.S.C. 102(b)(1) and 102(b)(2). These exceptions include: Grace period disclosures: Disclosures made by the inventor or joint inventor within one year of the effective filing date. Derived disclosures:…
Read MoreWhat are the exceptions to public use under AIA 35 U.S.C. 102(b)(1)?
The AIA provides exceptions to what would otherwise be considered public use under 35 U.S.C. 102(a)(1). These exceptions are outlined in 35 U.S.C. 102(b)(1). The MPEP states: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with…
Read MoreAre there any exceptions to prior art under AIA 35 U.S.C. 102(a)(2)?
Yes, there are exceptions to prior art under AIA 35 U.S.C. 102(a)(2). These exceptions are outlined in 35 U.S.C. 102(b)(2). The MPEP section 2154 states: “See MPEP § 2154.02 et seq. for prior art exceptions under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2).“ The exceptions generally fall into three categories: Disclosures made 1 year…
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 MoreWhat is the “critical date” in relation to the public use and on-sale bars?
The “critical date” is a crucial concept in patent law, particularly in relation to the public use and on-sale bars. According to MPEP 2133: “The 1-year grace period in 35 U.S.C. 102(b) starts with the earliest of date of public use, sale, or publication.” Key points about the critical date: It is exactly one year…
Read MoreWhat are the consequences of not paying a maintenance fee on time?
Failure to pay a maintenance fee on time can result in the expiration of the patent. According to MPEP 2506: “A patent that expires for failure of payment will expire on the day following the anniversary date the patent was granted in the 4th, 8th, or 12th year after the grant.” The expiration occurs even…
Read MoreWhen is a disclosure considered an apparent inventor-originated disclosure?
A disclosure is considered an apparent inventor-originated disclosure when certain conditions are met. According to MPEP 2153.01(a): “A disclosure is not prior art under AIA 35 U.S.C. 102(a)(1) if it is apparent from the disclosure itself that it is an inventor-originated disclosure. Specifically, Office personnel may not apply a disclosure as prior art under AIA…
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