What is the bar to patentability according to 102(b)?

The bar to patentability according to 102(b) specifically revolves around the concept of novelty. Under 35 U.S.C. 102(b), an invention is considered unpatentable if it has been disclosed to the public more than one year before the filing date of the patent application. This provision establishes a crucial timeline: the novelty of the invention is assessed based on what was publicly known or available before the application’s filing date. Thus, an inventor has to be aware of any prior public disclosures that could potentially influence the patentability of their invention.

This understanding is vital because if an inventor publicly discloses their innovation or if it is otherwise made available to the public (through publications, sales, etc.) more than a year prior to filing for a patent, they lose the opportunity to patent that invention. Therefore, acknowledging the significance of the filing date in relation to prior public disclosures underscores the importance of timely patent application submissions to secure patent rights.