Patent bar Novelty under the AIA (first inventor to file) question: Inventor Marco Silva published a paper disclosing compound X on January

Answer: D. It is excepted as prior art under 102(b)(1)(B), because Silva publicly disclosed compound X first

Answer: It is excepted as prior art under 102(b)(1)(B), because Silva publicly disclosed compound X first. Both papers fall within one year before Silva's June 1, 2026 effective filing date. 102(b)(1)(B) excepts a third party's disclosure made within that year if the inventor had already publicly disclosed the same subject matter before it. Silva's January 10 paper came first and disclosed the same compound, so the February 2 paper is not prior art (MPEP 2153.02). Why not the others: - Prior art because nothing was obtained from Silva: that test belongs to 102(b)(1)(A); 102(b)(1)(B) does not require derivation. - 102(b)(1)(A): that exception covers disclosures by the inventor or by someone who obtained the subject matter from the inventor; the researcher worked independently. - 102(a)(2): that provision covers U.S. patent documents, not journal papers. - A joint research agreement: 102(c) deems common ownership for the 102(b)(2)(C) exception to 102(a)(2) art, not for third-party publications under 102(a)(1). Rule: An inventor's earlier public disclosure shields the inventor from later third-party disclosures of the same subject matter within the grace period. Source: MPEP § 2153.02 (9th ed., Rev. 01.2024); 35 U.S.C. 102(b)(1)(A), 102(b)(1)(B); as at Oct 2026