Under 35 U.S.C. § 102(b)(2), what happens to a disclosure if it was derived from the inventor?

Under 35 U.S.C. § 102(b)(2), a disclosure that is derived from the inventor is not considered prior art against the inventor's own application. This provision reflects the principle that an inventor should not be penalized for their own disclosures, as they are the source of the information and thus aware of it. The purpose of this section is to provide a safeguard for inventors, allowing them to share their inventions openly without the risk of their own disclosures being used to invalidate their patent claims.

This means that if an inventor publicly discloses their invention, that disclosure will not prevent them from obtaining a patent on the invention, provided they file the patent application within a year of the disclosure. This feature encourages innovation and allows inventors to discuss and promote their inventions without the fear of losing patent rights.

In contrast, disclosures not derived from the inventor may be used as prior art against a patent application, thereby impacting the novelty and non-obviousness of the claimed invention. Therefore, when an inventor's own disclosures are involved, they are specifically protected under the statute, solidifying the correct answer as the one indicating that it is not considered prior art.