When 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…
Read MoreWhat are the prior art exceptions under AIA 35 U.S.C. 102(b)(2)?
The AIA 35 U.S.C. 102(b)(2) provides three exceptions to prior art under AIA 35 U.S.C. 102(a)(2): 35 U.S.C. 102(b)(2)(A): Inventor-originated disclosure exception 35 U.S.C. 102(b)(2)(B): Inventor-originated prior public disclosure exception 35 U.S.C. 102(b)(2)(C): Common ownership or obligation of assignment exception These exceptions limit the use of an inventor’s own work as prior art and provide…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(A) exception apply to U.S. patent documents?
The AIA 35 U.S.C. 102(b)(2)(A) exception applies broadly to U.S. patent documents. According to the MPEP: The 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the 35…
Read MoreWhat is the AIA 35 U.S.C. 102(b)(2)(A) exception?
The AIA 35 U.S.C. 102(b)(2)(A) exception is a provision in patent law that provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). As stated in the MPEP: AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an…
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