How does the AIA grace period affect 37 CFR 1.130(a) declarations?

The AIA grace period significantly impacts the use and effectiveness of 37 CFR 1.130(a) declarations. According to MPEP 717.01(a):

The provisions of 37 CFR 1.130(a) are available to overcome a rejection under 35 U.S.C. 102(a)(1) or 102(a)(2) based on a disclosure with a prior art date after the grace period.

The AIA grace period, defined in 35 U.S.C. 102(b)(1), allows for:

• Attribution of disclosures made within one year of the effective filing date
• Use of 1.130(a) declarations to overcome certain prior art rejections
• Protection of inventor’s own disclosures during this period

However, disclosures made more than one year before the effective filing date cannot be overcome using a 1.130(a) declaration, as they fall outside the grace period and are considered prior art.

To learn more:

• AIA grace period
• 37 CFR 1.130(a)
• prior art
• effective filing date

To learn more:

• 37 CFR 1.130(a)