Patent “Grace Period”

The grace period is the one year time period before the effective filing date of the claimed invention, which can be the foreign priority filing date.

The concept of a grace period is taken from the language of 35 U.S.C. 102(b)(1) which defines exceptions to public disclosures as set forth in 35 U.S.C. 102(a)(1).

Grace Period
Illustration 3: Grace Period Under 35 U.S.C. 102 (b)(1)

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