Question 36
Domain 1: Patentability Requirements and Patent FundamentalsWhat is the grace period under the AIA (America Invents Act) for an inventor's own disclosure before filing a patent application?
Correct answer: B
Explanation
Under the AIA, an inventor’s own disclosure is subject to a one-year grace period before filing. The rule allows a patent application if the inventor’s disclosure occurred “one year or less” before the effective filing date, so the inventor has one year to file after the disclosure.
Why each option is right or wrong
A. Six months
B. One year
35 U.S.C. § 102(b)(1)(A) preserves a one-year grace period for disclosures made by the inventor or derived from the inventor: such a disclosure does not bar patentability if the claimed invention is filed within 1 year of that disclosure. In practical terms, the inventor must file on or before the date that is 12 months after the self-disclosure; after that, the disclosure becomes prior art against the application.
C. Eighteen months
D. Two years