What is the one-year grace period under pre-AIA 35 U.S.C. 102(b)?

The one-year grace period under pre-AIA 35 U.S.C. 102(b) refers to the time frame within which certain disclosures will not bar a patent application. Specifically, “Publications, patents, public uses and sales must occur ‘more than one year prior to the date of application for patent in the United States’ in order to bar a patent under pre-AIA 35 U.S.C. 102(b)”.

This means that if an inventor discloses their invention through publication, public use, sale, or if it’s described in a patent, they have one year from that disclosure date to file a patent application in the United States. If they file within this one-year period, the disclosure will not be considered prior art against their application.

It’s important to note that this grace period applies only to pre-AIA (America Invents Act) applications. For applications subject to AIA provisions, different rules apply, as outlined in MPEP § 2150 et seq.

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Topics: MPEP 2100 - Patentability, MPEP 2133 - Pre - Aia 35 U.S.C. 102(B), Patent Law, Patent Procedure
Tags: Disclosure, grace period