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[boozerker]

How did first to invent actually work? Could you just show proof you've been working on something and it would invalidate a patent filed during such time?

2. The legislation seems to allow the inventor a grace period. Does that allow you to publish the invention, then gain priority (for a limited time) over first to file?

3. Does it matter where you publish the invention so long as it's visible? For example, on a popular website or in a local newspaper.

3. What's the length of the grace period?

[patentatt]

How did first to invent actually work? Could you just show proof you've been working on something and it would invalidate a patent filed during such time?

Primarily in two ways:

1. You would file a 1.131 declaration showing conception and diligence/reduction to practice.
2. You would prevail in an interference.

2. The legislation seems to allow the inventor a grace period. Does that allow you to publish the invention, then gain priority (for a limited time) over first to file?

Yes.

3. Does it matter where you publish the invention so long as it's visible? For example, on a popular website or in a local newspaper.

I think it doesn't matter as long as it is public.

3. What's the length of the grace period?

One year.[/quote]

See, e.g.:

http://www.patentlyo.com/patent/2011/09/disclosure-under-the-aia-the-poor-mans-provisional-patent-application.html
http://www.patentlyo.com/patent/2011/09/guest-post-preclusive-inventor-disclosure-under-leahy-smith-1.html

[boozerker]

3. What's the length of the grace period?

One year.

If you lapse the grace period or don't file the patent, what happens to the published designs from the invention? Do they become prior art? Can someone else claim them?

[patentatt]

3. What's the length of the grace period?

One year.

If you lapse the grace period or don't file the patent, what happens to the published designs from the invention? Do they become prior art? Can someone else claim them?

They are, I believe, prior art against everyone.  You've effectively disclaimed the invention to the public domain.

[boozerker]

Would the same grace period apply to design patents too?

[boozerker]

Are design patents covered by a grace period of one year after you've published it, even once the America Invents Act takes effect?

[patentatt]

Are design patents covered by a grace period of one year after you've published it, even once the America Invents Act takes effect?

I know nothing about design patents (or copyright or trademark...). 

[Dazed-n-confused]

Are design patents covered by a grace period of one year after you've published it, even once the America Invents Act takes effect?

Looks like the AIA left 35 USC 171-172 relatively(*) unscathed.  And designs had always been examined under 102.  So it looks to me as if we'll retain the "oddity" that the inventor can disclose < 1 year prior and still get a US design patent, but can only file a foreign patent app and claim priority to it for a US design patent up to < 6 months prior.

Where I'm getting confused with the new 102(d), and deletion of old 102(d), and new striking from 172 of the words, (*) "and the time specified in section 102(d)", is the following.  As mentioned above, the ability to claim priority to your foreign-filed remains 6 months.  But that language stricken from 102(d) used to also mean that one's own foreign-filed application acted as novelty-destroying prior art against your US design app after 6 months, even if unpublished, due to the statutory interaction of having 172 explicitly state that the 102(d) period for designs was only 6 months.

But near as I can tell, 102(d) now only refers (via 102(a)(2)), to patent apps filed by others.

With this stricken and no language replacing it...?  If I filed a foreign priority document, screwed up and didn't file my US design app until, say, 8 months later, can I still get my US design patent (even though I can't claim priority to the foreign priority app)?