What is the grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B)?

The grace period disclosure under AIA 35 U.S.C. 102(b)(1)(B) provides that a disclosure shall not be considered prior art to a claimed invention under AIA 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor.

As stated in the MPEP: AIA 35 U.S.C. 102(b)(1)(B) 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 subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor.

This provision allows inventors to disclose their invention before filing a patent application without that disclosure being used as prior art against their own application, provided they file within the grace period.

First Inventor to File Examination Provisions MPEP 2155.02 Informative
Disclosure by Inventor Not Prior Art MPEP 2155.02 Prohibited
Affidavit for Prior Public Disclosure Required MPEP 2155.02 Permitted
Affidavit Must Identify Publicly Disclosed Subject Matter MPEP 2155.02 Required
Affidavit Must Describe Non-Printed Disclosure MPEP 2155.02 Required