What is the grace period inventor’s disclosure exception in patent law?

The grace period inventor’s disclosure exception is a provision in patent law that allows inventors to disclose their invention within a specific timeframe without it being considered prior art against their own patent application. As explained in MPEP 717.01:

AIA 35 U.S.C. 102(b)(1)(A) 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 the disclosure was made by the inventor or a joint inventor.

Key points about this exception:

• It applies to disclosures made within one year before the effective filing date of the claimed invention.
• It covers disclosures made by the inventor, joint inventor, or another who obtained the subject matter from them.
• It allows inventors to share their work or test the market without losing patent rights.

This exception is crucial for inventors who need to discuss or publish their inventions before filing a patent application.

To learn more:

• grace period
• inventor’s disclosure
• AIA 35 U.S.C. 102(b)(1)(A)
• prior art exception

To learn more:

• AIA 35 U.S.C. 102(b)(1)(A)