How does a prior public disclosure affect the application of 35 U.S.C. 102(a)(1) and 102(a)(2)?
A prior public disclosure by the inventor, joint inventor, or another who obtained the subject matter from them can affect the application of 35 U.S.C. 102(a)(1) and 102(a)(2) in patent examination. According to MPEP 717.01(b): “The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than…
Read MoreHow does a prior public disclosure affect the grace period under AIA?
Under the America Invents Act (AIA), a prior public disclosure by the inventor or joint inventor can affect the grace period, providing protection against certain disclosures being used as prior art. According to MPEP 717.01(b): “The grace period provision of AIA 35 U.S.C. 102(b)(1)(B) applies if the ‘subject matter disclosed [in the intervening disclosure] had,…
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