What is the time frame for the grace period inventor-originated disclosure exception?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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 grace period inventor-originated disclosure exception applies to disclosures made one year or less before the effective filing date of the claimed invention. Importantly, the MPEP notes:

The one-year grace period in AIA 35 U.S.C. 102(b)(1)(A) is extended to the next succeeding business day if the end of the one-year grace period otherwise falls on a Saturday, Sunday, or federal holiday. Ex parte Olah, 131 USPQ 41 (Bd. App. 1960) and 35 U.S.C. 21(b).

This extension applies regardless of the filing method used, including Priority Mail Express® or the USPTO patent electronic filing system.

Topics: MPEP 2100 - Patentability MPEP 2153.01 - Prior Art Exception Under Aia 35 U.S.C. 102(B)(1)(A) To Aia 35 U.S.C. 102(A)(1) (Grace Period Inventor - Originated Disclosure Exception) Patent Law Patent Procedure
Tags: Aia Practice, Filing Date Components, Oath Optional