How does the AIA (America Invents Act) affect the treatment of CIP applications?
The America Invents Act (AIA) significantly changed the treatment of Continuation-In-Part (CIP) applications for patents filed on or after March 16, 2013. The MPEP 2133.01 notes:
“[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2150 et seq. for examination of applications subject to those provisions.]”
Under the AIA, the focus shifts from the “first to invent” system to a “first inventor to file” system. This change affects how prior art is determined and applied, potentially impacting the strategic use of CIP applications. Applicants and practitioners should consult MPEP § 2159 and MPEP § 2150 for guidance on applications subject to AIA provisions.
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