What is a grace period disclosure under AIA 35 U.S.C. 102(b)(1)(A)?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2155.01 - Showing That The Disclosure Was Made By The Inventor Or A Joint Inventor,
Patent Law,
Patent Procedure