Question 10
Domain 1: Patentability Requirements and Patent FundamentalsAn inventor made an invention on January 1, 2025. A third party independently published the same invention on March 1, 2025. The inventor files a patent application on June 1, 2025. Under AIA § 102, what is the result?
Correct answer: B
Explanation
Under AIA § 102(a)(1), a patent is barred if the claimed invention was “patented, described in a printed publication, or in public use” before the effective filing date. The third party’s March 1, 2025 publication is a “printed publication” before the June 1, 2025 filing date, so it is prior art against the inventor’s application.
Why each option is right or wrong
A. The inventor gets the patent because they conceived first
B. The third-party publication is prior art and the application is barred
AIA 35 U.S.C. § 102(a)(1) makes a printed publication available to the public before the effective filing date prior art, and the relevant date here is June 1, 2025. The third party’s March 1, 2025 publication predates that filing date by 3 months, so it qualifies as prior art even though the inventor conceived the invention earlier on January 1, 2025; under the AIA, earlier invention date does not defeat a third-party printed publication absent a specific exception in § 102(b).
C. The inventor gets the patent because they have a one-year grace period
D. The inventor can use a Rule 131 declaration to swear behind the reference