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

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.

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Topics: MPEP 2100 - Patentability, MPEP 2155.02 - Showing That The Subject Matter Disclosed By The Inventor Or A Joint Inventor, MPEP 2155.02 - Showing That The Subject Matter Disclosed Had Been Previously Publicly Disclosed By The Inventor Or A Joint Inventor, Patent Law, Patent Procedure
Tags: Aia Exception, evidence, grace period, public disclosure