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