2153.02: if subject matter of an intervening grace period disclosure is simply a more general description of the subject matter in an inventor-originated prior public disclosure, the exception in AIA 35 U.S.C. 102(b)(1)(B) applies to ... the intervening grace period disclosure.
2156: An amendment limited to adding the names of the parties to the joint research agreement does not constitute new matter.
2155.01: an affidavit or declaration under 37 CFR 1.130(a) that is only a naked assertion of inventorship and that fails to provide any context, explanation or evidence to support that assertion is insufficient [to invoke the 102(b)(1)(A) exception]
… (2) names the inventor or a joint inventor as an author or an inventor; and (3) does not name additional persons as authors on a printed publication or joint inventors on a patent. 2/2
2153.01(a): Office personnel may not apply a disclosure as prior art under AIA 35 U.S.C. 102(a)(1) if the disclosure: (1) was made one year or less before the effective filing date of the claimed invention; … 1/2
... provided there is a sufficient explanation of why the exception applies to a particular disclosure and there is no other evidence to the contrary. 2/2
2153.01(b): If the patent application specification contains a specific reference to a grace period inventor disclosure, the Office will consider it apparent from the specification that the prior disclosure is by the inventor or a joint inventor, ... 1/2
An error in the claims, the (effective) filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. 3/3
A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. 2/3
1130(II)(A): The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. 1/3