What is a grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. A grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A) is a disclosure made by the inventor or a joint inventor within one year prior to the effective filing date of the claimed invention. Such a disclosure is not considered prior art under AIA 35 U.S.C. 102(a)(1). According to the MPEP, AIA 35 U.S.C. 102(b)(1)(A) provides that a grace period disclosure shall not be prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if the disclosure was made by the inventor or a joint inventor. This provision allows inventors to disclose their invention within a year before filing a patent application without that disclosure being used as prior art against their own application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure Made by Inventor or Joint Inventor Is Not Prior Art MPEP 2155.01 Prohibited Disclosure Made by Inventor or Joint Inventor Requirement MPEP 2155.01 Effective Filed Date for Prior Art Under 102(a)(2) MPEP 2155.01 Potential Prior Art Under 102(a)(1) and (a)(2) MPEP 2155.01 Effective Filed Date for Prior Art Under 102(a)(2) MPEP 2155.01 Requirement for Disclosure by Inventor or Joint Inventor MPEP 2155.01 35 U.S.C. 102(a)(1) Rejection Precludes 102(a)(2) Over Same Disclosure During Grace Period MPEP 2155.01 Requirement for Showing Disclosure Was Made by Inventor MPEP 2155.01 Requirement for No Evidence of Bob as Joint Inventor MPEP 2155.01 Inventor Declaration Must Explain Joint Inventor Role MPEP 2155.01 Other Related FAQs 5 FAQs Collapse How does the presence of additional authors affect an inventor&#8217;s declaration of attribution? What is the difference between AIA 35 U.S.C. 102(a)(1) and 102(a)(2) prior art? What is the differ...