MPEP 2153
Prior Art Exceptions Under 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1)

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2153    Prior Art Exceptions Under 35 U.S.C. 102(b)(1) to AIA 35 U.S.C. 102(a)(1) [R-11.2013]

[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131-MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]

See MPEP § 2153.01 for prior art exceptions based on grace period inventor or inventor-originated disclosures as provided for under AIA 35 U.S.C. 102(b)(1)(A). See MPEP § 2153.02 for prior art exceptions based on inventor or inventor-originated prior public disclosures.