How does the AIPA affect the critical reference date for continuations and divisionals?
The American Inventors Protection Act of 1999 (AIPA) has a significant impact on the critical reference date for continuations and divisionals. According to MPEP 2136.03: “The AIPA amended 35 U.S.C. 102(e) to eliminate the reference to the date of invention. The critical reference date of a U.S. patent or patent application publication under pre-AIA 35…
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