How does a prior public disclosure affect the application of 35 U.S.C. 102(a)(1) and 102(a)(2)?

A prior public disclosure by the inventor, joint inventor, or another who obtained the subject matter from them can affect the application of 35 U.S.C. 102(a)(1) and 102(a)(2) in patent examination. According to MPEP 717.01(b):

“The provisions of 37 CFR 1.130(b) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention. This is because a disclosure made more than one year before the effective filing date of a claimed invention is prior art under AIA 35 U.S.C. 102(a)(1) that cannot be excepted under AIA 35 U.S.C. 102(b)(1).”

This means that:

• If the prior public disclosure was made within the one-year grace period before the effective filing date, it can be used to disqualify certain disclosures as prior art under 35 U.S.C. 102(a)(1) and 102(a)(2).
• If the prior public disclosure was made more than one year before the effective filing date, it cannot be used to disqualify disclosures and may itself be considered prior art.

To learn more:

• 35 U.S.C. 102(a)(1)
• 35 U.S.C. 102(a)(2)
• prior public disclosure
• grace period

To learn more:

• 35 U.S.C. 102(a)(1)
• 35 U.S.C. 102(a)(2)