When is a disclosure considered an apparent inventor-originated disclosure?
A disclosure is considered an apparent inventor-originated disclosure when certain conditions are met. According to MPEP 2153.01(a):
“A disclosure is not prior art under AIA 35 U.S.C. 102(a)(1) if it is apparent from the disclosure itself that it is an inventor-originated disclosure. Specifically, Office personnel may not apply a disclosure as prior art under AIA 35 U.S.C. 102(a)(1) if the disclosure:
- was made one year or less before the effective filing date of the claimed invention;
- names the inventor or a joint inventor as an author or an inventor; and
- does not name additional persons as authors on a printed publication or joint inventors on a patent.”
For example, if an application names A, B, and C as joint inventors, and a publication within the grace period names only A and B as authors, it is apparent that the disclosure is a grace period inventor disclosure and not prior art under AIA 35 U.S.C. 102(a)(1).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2153.01(A) - Grace Period Inventor - Originated Disclosure Exception,
Patent Law,
Patent Procedure