What is the time frame related to a 102(b) rejection regarding public use or sale?

The correct answer is based on the provisions set forth in the America Invents Act (AIA), which outlines the one-year grace period related to 35 U.S.C. § 102(b). Specifically, a 102(b) rejection addresses the scenario where an invention has been in public use or on sale more than one year before the filing date of the patent application.

This means that if an inventor makes their invention publicly available or sells it, they have a one-year window from that date to file a patent application. If they file beyond that one-year period, the patent may be rejected due to prior public use or sale. Thus, understanding the timing of public disclosures or sales is critical for securing patent rights.

The other options relate to time frames that do not align with the statutory provisions governing public use and sales. For example, "more than six months prior to filing" is not relevant since the relevant period extends to a full year. "One year after the filing date" does not pertain to the conditions set by § 102(b) regarding prior public use or sale. Lastly, the timeframe "prior to patent issuance" does not specify a rejection context in relation to public use or sales; it lacks the clarity that the