Which of the following statements is true regarding overcoming a third-party disclosure not derived from the inventor within one year of filing?

In the context of overcoming a third-party disclosure not derived from the inventor within one year of filing, the statement that it is allowed under Pre-AIA is accurate due to the provisions established by the earlier patent law, which permits certain types of disclosures and allows applicants to overcome such references under specific circumstances.

Under Pre-AIA (America Invents Act), applicants can assert a prior art reference under certain conditions and file affidavits or declarations to demonstrate that the claimed invention was made before the date of the referenced third-party disclosure. This context is significant because it allows inventors to navigate around potential rejections based on disclosures that were not derived from their own efforts.

The AIA (America Invents Act) introduced stricter guidelines regarding third-party disclosures, particularly focusing on novelty and the effective filing date compared to the disclosure in question. However, the Pre-AIA provisions still offer a route for applicants to refute third-party disclosures with supporting documentation, thereby reinforcing that overcoming such disclosures is allowed under that set of rules.

Understanding this aspect of patent law is crucial, as it highlights the flexible measures available to inventors under Pre-AIA to protect their innovations against prior art references not directly attributed to them.