What is the difference between AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B)?
AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) provide similar exceptions for disclosures, but they apply to different types of prior art:
- 102(b)(1)(B) applies to grace period disclosures under 102(a)(1) (public disclosures)
- 102(b)(2)(B) applies to disclosures under 102(a)(2) (patent applications)
The MPEP states: AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) respectively provide that a grace period disclosure under AIA 35 U.S.C. 102(a)(1), and that a disclosure under AIA 35 U.S.C. 102(a)(2) shall not be prior art to a claimed invention, if the subject matter disclosed had, before such grace disclosure was made or before such subject matter was effectively filed according to 35 U.S.C. 102(a)(2), been publicly disclosed by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.
Both exceptions require that the subject matter was obtained directly or indirectly from the inventor or a joint inventor and was publicly disclosed before the grace period disclosure or effective filing date.
To learn more: