What is the “grace period inventor disclosure exception” in patent law?
The “grace period inventor disclosure exception” is a provision in 35 U.S.C. 102(b)(1)(A) that allows inventors to disclose their invention up to one year before filing a patent application without that disclosure being considered prior art against their own application. This exception is part of the America Invents Act (AIA) and is explained in MPEP 2153:
“[A] disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is not prior art if the disclosure was made: (1) One year or less before the effective filing date of the claimed invention; and (2) by the inventor or a joint inventor, or by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.”
This exception provides inventors with a limited timeframe to publicly disclose their invention, gauge market interest, or seek funding without losing their right to patent protection.
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