How are PCT applications treated under the AIA provisions?
PCT applications are treated as follows under the AIA provisions:
“A PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371 before or after March 16, 2013.“
This means that the filing date of the PCT application, not the date of entry into the national stage, determines whether pre-AIA or AIA provisions apply. For more information on PCT applications, refer to MPEP 1800.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2150 - Examination Guidelines For 35 U.S.C. 102 And 103 As Amended By The First Inventor To File Provisions Of The Leahy - Smith America Invents Act,
Patent Law,
Patent Procedure