What is the one-year grace period in patent law?
The one-year grace period in patent law refers to the time period during which an inventor can file a patent application after publicly disclosing their invention. According to MPEP 2133.02, “Any invention described in a printed publication more than one year prior to the date of a patent application is prior art under Section 102(b),…
Read MoreWhat are the two main scenarios covered by 37 CFR 1.130 affidavits?
The MPEP 2155.04 outlines two main scenarios that can be addressed by affidavits or declarations under 37 CFR 1.130: Inventor or Joint Inventor Disclosure (37 CFR 1.130(a)): “The disclosure in question was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a…
Read MoreCan an inventor’s own work be used as prior art against their patent application?
Yes, an inventor’s own work can be used as prior art against their patent application under certain circumstances. According to MPEP 2133.02: “Any invention described in a printed publication more than one year prior to the date of a patent application is prior art under Section 102(b), even if the printed publication was authored by…
Read MoreWhat are inventor-originated prior public disclosures?
Inventor-originated prior public disclosures are another type of prior art exception under the America Invents Act (AIA). These disclosures refer to public disclosures made by the inventor or a joint inventor before the effective filing date of the claimed invention. The MPEP section 2153 mentions this concept: See MPEP § 2153.02 for prior art exceptions…
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 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 MoreHow does the AIA 35 U.S.C. 102(b)(2)(B) exception handle genus-species relationships?
The AIA 35 U.S.C. 102(b)(2)(B) exception has specific rules for handling genus-species relationships between the inventor’s prior disclosure and the intervening U.S. patent document. The MPEP provides clear guidance on this: Species disclosed by inventor, genus in intervening document: “If the inventor or a joint inventor had publicly disclosed a species, and a subsequent intervening…
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 MoreWhat are some examples of disclosures that could be “otherwise available to the public”?
The MPEP 2152.02(e) provides several examples of disclosures that could be considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1): A student thesis in a university library A poster display or information disseminated at a scientific meeting Subject matter in a laid-open patent application or patent A document electronically posted on the Internet…
Read MoreWhat is the significance of the effective filing date in determining prior art under AIA?
What is the significance of the effective filing date in determining prior art under AIA? The effective filing date is crucial in determining what constitutes prior art under the America Invents Act (AIA). According to MPEP 2155.02, the effective filing date serves as a critical reference point for assessing whether a disclosure qualifies as prior…
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