What is the one-year grace period in patent law?
The one-year grace period in patent law refers to the time period during which an inventor can file a patent application after publicly disclosing their invention. According to MPEP 2133.02, “Any invention described in a printed publication more than one year prior to the date of a patent application is prior art under Section 102(b), even if the printed publication was authored by the patent applicant.”
This means that inventors have a one-year window to file a patent application after their own public disclosure. After this period, their disclosure becomes prior art against their own application. As the MPEP states, “Once an inventor has decided to lift the veil of secrecy from his [or her] work, he [or she] must choose between the protection of a federal patent, or the dedication of his [or her] idea to the public at large.”
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