How does the “grace period non-inventor disclosure exception” work in patent law?
The “grace period non-inventor disclosure exception” is a provision in 35 U.S.C. 102(b)(1)(B) that protects inventors from certain disclosures made by others within one year of their patent application filing. This exception is explained in MPEP 2153:
“[A] disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is not prior art if the disclosure was made: (1) One year or less before the effective filing date of the claimed invention; and (2) after a public disclosure of the subject matter 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 exception means that if an inventor publicly discloses their invention, and then a third party makes a subsequent disclosure within the one-year grace period, the third party’s disclosure won’t be considered prior art against the inventor’s patent application. This provision helps protect inventors who choose to publicly disclose their inventions before filing a patent application.
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