35 USC 102(b)(2): Disclosures

“A disclosure of subject matter in a U.S. patent, U.S. patent application publications, or WIPO-published applications that was filed before the effective filing date of the claimed invention, but not issued or published until after the effective filing date of the claimed invention, will not be considered prior art if the subject matter had already been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor.”

• Disclosures made by the inventor(s) prior to the subject matter’s disclosure in documents, materials, references
  • Are covered under 35 USC 102(a)(2)

• NOTE: There is no requirement that the type of disclosure be exactly the same or have the same wording.

• To qualify as an exception under 35 USC 102(b)(2)

Disclosures must be in the following:

• in any intervening U.S. patent
• published U.S. patent application
• published WIPO application

“A disclosure of subject matter in a U.S. patent, U.S. patent application publications, or WIPO-published applications that was filed before the effective filing date of the claimed invention, but not issued or published until after the effective filing date of the claimed invention, will not be considered prior art if the subject matter had already been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor.”

• HOWEVER: If the inventor’s previous public disclosure of the subject matter was:
  • more than one year before the effective filing date of the claimed invention

• The Inventor’s own disclosure would be considered prior art under section 102(a)(1), and that does not fall within any exception in section 102(b)(1)