How does the AIA’s first-inventor-to-file system affect grace period disclosures?
The America Invents Act (AIA) introduced the first-inventor-to-file system, which significantly impacts how grace period disclosures are treated. Under this system, the MPEP section 2155.03 is specifically applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA.
The MPEP notes: [Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).]
In the FITF system:
- The critical date for prior art is the effective filing date of the claimed invention.
- Grace period disclosures are limited to one year before the effective filing date.
- Inventors must be more cautious about public disclosures before filing a patent application.
- The exceptions under 102(b)(1) and 102(b)(2) provide some protection for inventor-originated disclosures during the grace period.
It’s crucial for inventors and patent attorneys to understand these provisions to properly navigate the grace period and maintain patent rights under the AIA system.
To learn more:
Topics:
By Another Who Obtained The Subject Matter Disclosed Directly Or Indirectly From The Inventor Or A Joint Inventor,
MPEP 2100 - Patentability,
MPEP 2155.03 - Showing That The Disclosure Was Made,
Or That Subject Matter Had Been Previously Publicly Disclosed,
Patent Law,
Patent Procedure