How can an inventor prove a previous public disclosure to invoke the exception under AIA 35 U.S.C. 102(b)(1)(A)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To prove a previous public disclosure and invoke the exception under AIA 35 U.S.C. 102(b)(1)(A), an inventor must provide evidence that demonstrates the disclosure occurred before the date of the potential prior art being used against their application. According to MPEP 2155.02 : “The previous public disclosure by the inventor or a joint inventor establishes that the disclosed subject matter originated with the inventor or a joint inventor. Such a previous public disclosure by the inventor or a joint inventor is not prior art under AIA 35 U.S.C. 102(a)(1) when the previous public disclosure is within the grace period.” Evidence to prove a previous public disclosure may include: Dated publications or presentations Timestamped online posts Affidavits or declarations from witnesses Documentation of public demonstrations or exhibitions The evidence should clearly show that the disclosure was made by the inventor or joint inventor and occurred before the date of the potential prior art reference. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure by Inventor Not Prior Art MPEP 2155.02 Prohibited Affidavit Must Identify Publicly Disclosed Subject Matter MPEP 2155.02 Required Affidavit for Prior Public Disclosure Required MPEP 2155.02 Permitted Affidavit or Declaration for AIA Prior Art Exceptions MPEP 2155 Affidavit Must Describe Public Disclosure MPEP 2155 Required Requirement to Disqualify Prior Art by Affidavit MPEP 2155 Permitted Exceptions to Prior Art Due to Intervening Disclosure MPEP 2155 Permitted Requirement for Inventor’s Oath or Declaration MPEP 2155.02 Requirement for Affidavit of Prior Public Disclosure MPEP 2155 Required Keiko's Disclosure as P...