Can an inventor’s own disclosure bar them from obtaining a patent?
Yes, an inventor’s own disclosure can potentially bar them from obtaining a patent if it occurs more than one year before filing the patent application. The MPEP states: “If one discloses one’s own work more than 1 year before the filing of the patent application, that person is barred from obtaining a patent.” This principle…
Read MoreDoes AIA 35 U.S.C. 102(a)(1) require prior art to be by others?
No, AIA 35 U.S.C. 102(a)(1) does not require prior art to be by others. The MPEP clearly states: “Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others. Thus, any prior art which falls under AIA 35 U.S.C. 102(a)(1) need not be by another to constitute potentially…
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