What are inventor-originated prior public disclosures?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Inventor-originated prior public disclosures are another type of prior art exception under the America Invents Act (AIA). These disclosures refer to public disclosures made by the inventor or a joint inventor before the effective filing date of the claimed invention.

The MPEP section 2153 mentions this concept: See MPEP § 2153.02 for prior art exceptions based on inventor-originated prior public disclosures.

For more detailed information on inventor-originated prior public disclosures, you should refer to MPEP § 2153.02. This exception is important for inventors who may have publicly disclosed their invention before filing a patent application, as it can prevent such disclosures from being used as prior art against their own application.

Topics: MPEP 2100 – Patentability MPEP 2153 – Prior Art Exceptions Under 35 U.S.C. 102(B)(1) To Aia 35 U.S.C. 102(A)(1) Patent Law Patent Procedure
Tags: Aia Practice, Filing Date Components, Oath Optional