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),…

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What 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…

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How 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…

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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 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…

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What 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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