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

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When considering the types of prior art under AIA (America Invents Act) law, the correct choice pertains to prior art made by an inventor themselves more than a year prior to the filing date of their patent application. This type of prior art is not disqualified because the AIA includes a "grace period" that allows inventors to file a patent application up to one year after they publicly disclose their own inventions. This means that if an inventor has publicly disclosed their invention, they have a year to file a patent application without that disclosure being used against them as prior art.

In contrast, prior art created by others since the filing date is not a concern in this scenario because the relevant date for assessing prior art is the filing date itself, and such creations cannot be used against a claim until the applicant has already filed. Public disclosures or publications made after the filing date do not constitute prior art for that application, and thus can be disregarded. Lastly, trait enabling prior art refers to whether the prior art can substantiate the claimed invention but does not inherently affect the status of the prior art; all prior art must meet specific definitions of enablement, but this won’t change its status as disqualifying or not under AIA law.

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