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AIA 102(b)

The second section of this statute is referred to as section (b). This section covers the exceptions to part (a). These are the exceptions to the novelty bars covered in (a).

The first exception, also known as (b)(1) refers to disclosures made 1 year or less before the effective filing date of the claimed invention.  The exception is that if the disclosure was made 1 year or less before the effective filing date of the claimed invention, it will not be considered prior art (and thereby not a bar) if the disclosure was made (even if made publicly) by the inventor or joint inventor or by another who obtained it from the inventor or the joint inventor.

This keeps the inventor from having their own work count as prior art against them as long as the disclosure was made up to one year before the effective filing date of the claimed invention (even if made publicly).

The second part to this is known as (b)(2). The exception to this part refer to disclosures appearing in applications and patents.

The exceptions include when the subject matter disclosed was obtained from the inventor or a joint inventor (whether directly or indirectly or if publicly disclosed) or the subject matter disclosed and the claimed invention (not later than the effective filing date of the claimed invention) were owned by the same person or subject to an assignment to the same person.

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