How does the effective filing date affect the application of pre-AIA 35 U.S.C. 102?
The effective filing date of a claimed invention is crucial in determining whether to apply pre-AIA 35 U.S.C. 102. MPEP 2139.02 states:
“If the application is subject to pre-AIA 35 U.S.C. 102, examiners should continue to apply 35 U.S.C. 102(a), (b), or (e) in the alternative, indicating that either pre-AIA 35 U.S.C. 102(a), (b), or (e) would preclude patentability.”
This means that for applications with an effective filing date before March 16, 2013, or those that claim priority to such an application, pre-AIA 35 U.S.C. 102 applies. In these cases, examiners must consider the specific subsections (a), (b), or (e) of pre-AIA 35 U.S.C. 102 when evaluating prior art and determining patentability.
To learn more:
Topics:
(B),
MPEP 2100 - Patentability,
MPEP 2139.02 - Determining Whether To Apply Pre - Aia 35 U.S.C. 102(A),
Or (E),
Patent Law,
Patent Procedure