How does the AIA use the term “disclosure” in 35 U.S.C. 102?
The AIA (America Invents Act) uses the term “disclosure” in specific contexts within 35 U.S.C. 102, particularly in relation to exceptions to prior art. According to MPEP 2152.04: “AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior…
Read MoreWhat is the timing requirement for filing a 1.130 declaration?
The timing for filing a 1.130 declaration is critical to its effectiveness. According to MPEP 2155: “The Office will not apply a disclosure as prior art under AIA 35 U.S.C. 102(a)(1) or (a)(2) if the disclosure was made one year or less before the effective filing date of the claimed invention, and the evidence provided…
Read MoreWhat is the significance of the grace period in AIA patent applications?
The grace period in AIA patent applications is a one-year period before the effective filing date of a claimed invention during which certain disclosures by the inventor or a joint inventor are not considered prior art. This grace period is significant because: It allows inventors to disclose their invention publicly before filing a patent application…
Read MoreWhat are the prior art exceptions under 35 U.S.C. 102(b)(1)?
The prior art exceptions under 35 U.S.C. 102(b)(1) are provisions that exclude certain disclosures from being considered as prior art under the America Invents Act (AIA). These exceptions apply to the first inventor to file (FITF) provisions of the AIA. The MPEP states: See MPEP § 2153.01 for prior art exceptions based on grace period…
Read MoreWhat 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,…
Read MoreWhat 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…
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 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…
Read MoreHow does AIA 35 U.S.C. 102(b)(2)(B) differ from AIA 35 U.S.C. 102(b)(1)(B)?
AIA 35 U.S.C. 102(b)(2)(B) and AIA 35 U.S.C. 102(b)(1)(B) are similar provisions, but they apply to different types of prior art disclosures. The MPEP states: AIA 35 U.S.C. 102(b)(1)(B) provides that a grace period disclosure shall not be prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if subject matter disclosed had, before…
Read MoreWhat is the difference between a 1.130(a) and 1.130(b) declaration?
The main difference between a 1.130(a) and 1.130(b) declaration lies in the type of exception they are used to establish: 1.130(a) declaration: Used to establish that the disclosure was made by the inventor or joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. 1.130(b) declaration:…
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