What is a grace period inventor-originated disclosure?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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 inventor-originated disclosure is a type of prior art exception under the America Invents Act (AIA). This exception allows inventors to disclose their invention within a certain period before filing a patent application without having that disclosure count as prior art against their own application.

The MPEP section 2153 refers to this concept: 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).

For more detailed information on grace period inventor-originated disclosures, you should refer to MPEP § 2153.01. This exception is crucial for inventors who may need to discuss or present their invention before filing a patent 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