What 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,…

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What are the exceptions to prior art under 35 U.S.C. 102(b)(2)?

35 U.S.C. 102(b)(2) provides three important exceptions to what would otherwise be considered prior art under 35 U.S.C. 102(a)(2). The MPEP outlines these exceptions: 102(b)(2)(A): “limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application…

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What evidence is required for a 1.130(a) declaration?

For a 1.130(a) declaration, the evidence required depends on whether the declarant is claiming to be the inventor/joint inventor of the disclosed subject matter or claiming that the subject matter was obtained from the inventor/joint inventor. According to MPEP 2155.01: If the declarant is the inventor/joint inventor: “The declaration must show that the inventor or…

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