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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.