How does claiming benefit to an earlier application affect AIA status?

Claiming benefit to an earlier application can affect the AIA status of a patent application. According to MPEP 2159.02:

“If a patent application (1) contains or contained at any time a claim to a claimed invention having an effective filing date as defined in 35 U.S.C. 100(i) that is on or after March 16, 2013 or (2) claims or ever claimed the benefit of an earlier filing date under 35 U.S.C. 120, 121, or 365 based upon an earlier application that ever contained such a claim, then AIA 35 U.S.C. 102 and 103 apply to the application“

Key points:

• If an application claims benefit to an earlier application that contained a post-AIA claim, the current application becomes an AIA application.
• This applies even if the current application itself doesn’t contain any post-AIA claims.
• The earlier application’s content can thus determine the AIA status of a later application.
• This rule ensures consistent treatment of related applications under either pre-AIA or AIA laws.

To learn more:

• AIA status
• benefit claim
• effective filing date
• patent application