How does the AIA’s treatment of prior art affect independent inventors?

The AIA’s treatment of prior art has significant implications for independent inventors. Under AIA 35 U.S.C. 102(a)(1), an inventor’s own public disclosures can potentially be used as prior art against their patent application. However, the AIA also provides a grace period: “Disclosures of the subject matter made one year or less before the effective filing…

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What are the main differences between AIA and pre-AIA patent laws?

The America Invents Act (AIA) introduced significant changes to U.S. patent law. While MPEP 2159 focuses on the applicability of these changes, it’s important to understand the main differences between AIA and pre-AIA laws: First-Inventor-to-File vs. First-to-Invent: AIA introduced the first-inventor-to-file system, replacing the pre-AIA first-to-invent system. Prior Art: AIA expanded the definition of prior…

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How does the AIA’s first-inventor-to-file system affect grace period disclosures?

The America Invents Act (AIA) introduced the first-inventor-to-file system, which significantly impacts how grace period disclosures are treated. Under this system, the MPEP section 2155.03 is specifically applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA. The MPEP notes: [Editor Note: This MPEP section is only applicable…

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How does the AIA affect the on-sale bar in patent law?

The America Invents Act (AIA) made significant changes to the on-sale bar in patent law. According to MPEP 2152.02(d): “The pre-AIA on sale bar is not limited to sales or offers for sale that make the invention available to the public… [Under AIA] the sale must make the invention available to the public.” Key changes…

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How does the AIA 35 U.S.C. 102(b)(2)(B) exception differ from the AIA 35 U.S.C. 102(b)(1)(B) exception?

While both exceptions relate to prior public disclosures by inventors, there are key differences: AIA 35 U.S.C. 102(b)(1)(B) applies to disclosures made within the grace period (1 year before the effective filing date). AIA 35 U.S.C. 102(b)(2)(B) has no grace period limitation and can apply to any U.S. patent document, regardless of its potential prior…

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