Can an inventor’s own disclosure bar them from obtaining a patent?
Yes, an inventor’s own disclosure can potentially bar them from obtaining a patent if it occurs more than one year before filing the patent application. The MPEP states: “If one discloses one’s own work more than 1 year before the filing of the patent application, that person is barred from obtaining a patent.” This principle…
Read MoreWhat is the significance of naming inventors in publications and patent applications?
The naming of inventors in publications and patent applications is crucial for determining whether a disclosure qualifies for the grace period inventor-originated disclosure exception. The MPEP provides specific guidance: “This means that in circumstances where an application names additional persons as joint inventors relative to the persons named as authors in the publication (e.g., the…
Read MoreHow can an applicant establish that a disclosure falls under the grace period inventor-originated disclosure exception?
An applicant can establish that a disclosure falls under the grace period inventor-originated disclosure exception in several ways: Apparent from the disclosure itself: If the disclosure was made one year or less before the effective filing date, names the inventor or a joint inventor as an author, and does not name additional persons as authors,…
Read MoreWhat is the time frame for the grace period inventor-originated disclosure exception?
The grace period inventor-originated disclosure exception applies to disclosures made one year or less before the effective filing date of the claimed invention. Importantly, the MPEP notes: “The one-year grace period in AIA 35 U.S.C. 102(b)(1)(A) is extended to the next succeeding business day if the end of the one-year grace period otherwise falls on…
Read MoreHow does the grace period inventor-originated disclosure exception differ from other prior art exceptions?
The grace period inventor-originated disclosure exception under AIA 35 U.S.C. 102(b)(1)(A) is a specific type of prior art exception with unique characteristics: Source of Disclosure: It applies to disclosures made by the inventor, a joint inventor, or someone who obtained the subject matter directly or indirectly from the inventor or joint inventor. Time Frame: It…
Read MoreWhat is the grace period for inventor disclosures under AIA 35 U.S.C. 102(b)(1)(B)?
What is the grace period for inventor disclosures under AIA 35 U.S.C. 102(b)(1)(B)? The grace period for inventor disclosures under AIA 35 U.S.C. 102(b)(1)(B) is one year. This means that if the inventor or a joint inventor publicly discloses their invention, they have a one-year period during which they can file a patent application without…
Read MoreWhat is the “grace period inventor disclosure exception” in patent law?
The “grace period inventor disclosure exception” is a provision in 35 U.S.C. 102(b)(1)(A) that allows inventors to disclose their invention up to one year before filing a patent application without that disclosure being considered prior art against their own application. This exception is part of the America Invents Act (AIA) and is explained in MPEP…
Read MoreWhat 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 one-year grace period under AIA 35 U.S.C. 102(b)(1)?
The AIA introduced a one-year grace period for certain disclosures made by or derived from the inventor. This grace period is defined in AIA 35 U.S.C. 102(b)(1). The MPEP explains: AIA 35 U.S.C. 102(b)(1) effectively provides a one-year grace period (grace period) after a first inventor-originated disclosure of an invention (i.e. a disclosure by an…
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