According to AIA law, what type of prior art cannot be disqualified?

Under the America Invents Act (AIA), prior art includes a variety of disclosures and activities that can affect the patentability of an invention. The correct answer points to the concept of what constitutes prior art made by oneself before filing a patent application.

B refers to prior art made by oneself more than a year before the filing date. This is significant because the AIA includes a one-year grace period allowing an inventor to disclose their own invention before filing a patent application without that disclosure being used as an obstacle to patentability. In essence, if an inventor publicly discloses their own invention or engages in certain activities that can serve as prior art more than a year prior to their filing date, it does not invalidate the patent claims associated with that invention. Thus, the self-created prior art is not disqualified and can still lead to patent protection, as it falls within the grace period.

This concept protects inventors from unintentional loss of rights due to their own disclosures, enabling them to assess the market and refine their invention before formally seeking patent protection. Other options focus on outside disclosures or actions that do not fall within the beneficial timeline established by the AIA.