What are the prior art exceptions under 35 U.S.C. 102(b)(1)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 prior art exceptions under 35 U.S.C. 102(b)(1) are provisions that exclude certain disclosures from being considered as prior art under the America Invents Act (AIA). These exceptions apply to the first inventor to file (FITF) provisions of the AIA. The MPEP states: See MPEP § 2153.01 for prior art exceptions based on grace period inventor-originated disclosures as provided for under AIA 35 U.S.C. 102(b)(1)(A). See MPEP § 2153.02 for prior art exceptions based on inventor-originated prior public disclosures. This means there are two main types of exceptions: Grace period inventor-originated disclosures Inventor-originated prior public disclosures Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions for Grace Period Inventor-Disclosed Prior Art MPEP 2153 Application Subject to FITF Provisions Must Be Examined Under AIA Rules MPEP 2153 Same Prior Art for Reissue as Original MPEP 1440 Permitted Third-Party Submissions Must Be Filed Before Allowance Notice Or First Rejection MPEP 1134.01 Required Concise Description of Relevance Required for Third-Party Submissions MPEP 1134.01 Documents Must Be Potentially Relevant to Examination MPEP 1134.01 Requirement for Asserted Relevance of Submitted Documents MPEP 1134.01 Required Third-Party Submissions Must Be Relevant MPEP 1134.01 Prohibited Avenue for Submitting Information in Issued Patents MPEP 1134.01 Examiner Must Indicate 119(a)-(d) or (f) Compliance MPEP 1417 Required Other Related FAQs 5 FAQs Collapse How do AIA 35 U.S.C. 102(b)(1) exceptions affect international patent applications? What is the significance of the &#8220;effective filing date&#8221; in AIA 35 U.S.C. 102(b)(1) exceptions? What is the Fir...