What is the “grace period disclosure” exception in patent law?
The “grace period disclosure” exception in patent law refers to a provision that allows inventors to disclose their invention within one year before filing a patent application without that disclosure being considered prior art against their own application. This is outlined in MPEP 2155, which states:
“AIA 35 U.S.C. 102(b)(1)(A) provides exceptions to the prior art provisions of AIA 35 U.S.C. 102(a)(1). These exceptions limit the use of an inventor’s own work as prior art, when the inventor’s own work has been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor during the grace period (i.e., the 1-year period before the effective filing date).”
This exception is crucial for inventors who may need to disclose their invention for various reasons (e.g., seeking funding, academic presentations) before filing a patent application.
To learn more: