What is the “public use” grace period under the AIA?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 America Invents Act (AIA) introduced a grace period for public use disclosures. According to MPEP 2152.02(c) : “Under pre-AIA 35 U.S.C. 102(b), an applicant was barred from receiving a patent if the invention claimed in the application was in public use in this country more than one year prior to the date of the application for patent in the United States. Under AIA 35 U.S.C. 102(a)(1), public use of an invention is a prior art event if it occurs before the effective filing date of the claimed invention.” However, the AIA also provides exceptions under 35 U.S.C. 102(b)(1) for certain disclosures made within one year before the effective filing date. This grace period allows inventors to disclose their inventions or have them disclosed by others within one year of filing a patent application without those disclosures being considered prior art against their own applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Changes to Prior Art Under AIA 35 U.S.C. 102 MPEP 2152 In Public Use Only Applies Within Country MPEP 2152.02(c) Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted No Geographic Limitation for Public Use Prior Art MPEP 2152.02(c) Exceptions to Prior Art Under AIA 102(b) MPEP 2152 Prohibited Public Use or Sale Abroad Counts as Prior Art Under AIA MPEP 2152 Critical Date for Pre-AIA Public Use Bar MPEP 2152.02(c) Disclosure Not Prior Art if Owned by Same Person MPEP 2152 Other Related FAQs 5 FAQs Collapse How does the AIA define &#8220;public use&#8221; for patent purposes? What is the significance of the &#...