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

When evaluating how to overcome a third-party disclosure not derived from the inventor within one year of filing, the correct assertion pertains to the provisions under the pre-AIA (American Inventors Act) rules. Under the pre-AIA system, certain disclosures made within one year prior to filing do not disqualify a patent from being granted because the inventor can assert that these disclosures are not prior art against their invention if they can show they were not derived from the inventor.

This timeline is crucial because pre-AIA law specifically allows inventors to contest a third-party disclosure during this one-year grace period before the patent application is filed. This grace period is particularly designed to aid inventors in securing their rights despite any prior non-derived public disclosures.

The other options imply incorrectly applicable conditions under the current or past frameworks: the AIA has specific rules regarding grace periods that are different, the notion that it is never allowed contradicts the provisions allowing for non-derived disclosures, and the requirement of an affidavit is not universally mandated under pre-AIA provisions. The pre-AIA regime explicitly provides instances where overcoming such disclosures is indeed possible, hence making the assertion related to pre-AIA law the accurate one.