What is the ‘grace period inventor’s disclosure’ exception under AIA?
What is the ‘grace period inventor’s disclosure’ exception under AIA?
The ‘grace period inventor’s disclosure’ exception is a key provision under the America Invents Act (AIA) that protects inventors from their own disclosures. According to MPEP 717:
AIA 35 U.S.C. 102(b)(1)(A) provides exceptions to the prior art provisions of AIA 35 U.S.C. 102(a)(1). These exceptions limit the use of an inventor’s own work as prior art, when the inventor’s own work has been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor during the grace period (one year before the effective filing date).
This exception allows inventors a 12-month grace period to file a patent application after their own public disclosure, preventing such disclosures from being used as prior art against their application. It’s crucial for inventors to understand this provision to protect their invention rights while sharing their work.
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