A Quick Survey of the America Invents Act. Patent Law October 12, 2011. Passage. Product of six years of Congressional activity Enacted September 16 Effective dates vary. Changes to the Patent Act. Today: First Inventor to File (or Publicly Disclose) Prior User Rights Best Mode
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October 12, 2011
§ 102(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or
(2) the claimed invention was described in a patent issued [to another] … or in [another’s] application for patent published … [that] was effectively filed before the effective filing date of the claimed invention.
102(b) May file within one year after:
(1)(A) Any disclosure “directly or indirectly” from the applicant
(1)(B) Disclosures by others that occurred after “public” disclosure by the applicant
(2)(A) First filer derived invention from second filer
(2)(B) First filer filed after “public” disclosure by applicant/second filer
Is the new grace period more or less favorable to inventors?
In other words:
Does “disclosure” in new 102(b)(1)(A) and (2)(A) include every activity by the applicant that would generate prior art under 102(a)(1)?
Does “disclosure” in new 102(b)(1)(B) and (2)(B) include every activity by a third party that would generate prior art under 102(a)(1)?