How does the AIA affect the grace period for prior art in patent applications?
The America Invents Act (AIA) introduced significant changes to the grace period for prior art in patent applications. MPEP 715.01(d) explains:
‘For applications subject to current 35 U.S.C. 102, the provisions of 37 CFR 1.130 generally apply for subject matter to which the current 35 U.S.C. 102(a)(1) or 102(a)(2) dates to be one year or less before the effective filing date of the claimed invention, if the disclosure was made by the inventor or a joint inventor, or by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.’
This means that under the AIA, the grace period is limited to disclosures made by the inventor or derived from the inventor, and applies only to disclosures made within one year of the effective filing date. This is a significant change from the pre-AIA system, which had a broader grace period.
To learn more: