What is the AIA 35 U.S.C. 102(b)(2)(A) exception?
The AIA 35 U.S.C. 102(b)(2)(A) exception is a provision in patent law that provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). As stated in the MPEP:
AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.
This exception is designed to protect inventors from having their own work used against them as prior art when it has been disclosed by someone else who obtained the information from the inventor.
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