What is the grace period for prior public disclosures under 37 CFR 1.130(b)?

The grace period for prior public disclosures under 37 CFR 1.130(b) is one year before the effective filing date of the claimed invention. This is based on the provisions of 35 U.S.C. 102(b)(1)(B), which states:

35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under 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 or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.

It’s important to note that disclosures made more than one year before the effective filing date cannot be disqualified using 37 CFR 1.130(b). The MPEP clearly states that the provision is not available If the disclosure was made (e.g., patented, described in a printed publication, or in public use, on sale, or otherwise available to the public) more than one year before the effective filing date of the claimed invention.

To learn more:

• 37 CFR 1.130(b)
• grace period
• prior public disclosure
• effective filing date

To learn more:

• 37 CFR 1.130(b)