How does the AIA one-year grace period affect 37 CFR 1.130 declarations?
The AIA one-year grace period is closely related to 37 CFR 1.130 declarations. It allows inventors to file patent applications within one year of their own public disclosures or disclosures derived from them. This grace period is reflected in the use of 1.130 declarations:
- 1.130(a) declarations can be used to establish that a disclosure within the grace period was made by or derived from the inventor.
- 1.130(b) declarations can be used to show that the inventor’s public disclosure predated a third-party disclosure within the grace period.
As noted in MPEP 2155: “The provisions of 37 CFR 1.130 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. Use of the provisions of 37 CFR 1.130 is not necessary in the case of a disclosure made one year or less before the effective filing date of the claimed invention if the disclosure is not being used as prior art under 35 U.S.C. 102(a).“
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2155 - Use Of Affidavits Or Declarations Under 37 Cfr 1.130 To Overcome Prior Art Rejections,
Patent Law,
Patent Procedure