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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Affidavit for Disclosure Not Prior Art MPEP 717 Disclosure Made by Inventor Not Prior Art MPEP 717.01(a) Disclosure Made by Inventor Not Prior Art MPEP 717.01(a) Prohibited Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Affidavit to Disqualify Prior Art Disclosure MPEP 717.01(a) Permitted Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date? What is the significance of the AIA grace period in 37 CFR 1.130(a) declarations? What is t...