How do I determine if my patent application is subject to AIA or pre-AIA laws?
To determine whether your patent application is subject to AIA (America Invents Act) or pre-AIA laws, you need to consider the effective filing date of your claimed invention. According to MPEP 2159:
“Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.”
To determine which laws apply:
- Identify the effective filing date of your claimed invention.
- If the effective filing date is on or after March 16, 2013, your application is subject to AIA laws.
- If the effective filing date is before March 16, 2013, your application is subject to pre-AIA laws.
- For applications with multiple claims, if any claim has an effective filing date on or after March 16, 2013, the entire application is subject to AIA laws.
Consult with a patent attorney or agent for a precise determination, as the effective filing date can be affected by factors such as priority claims, continuation applications, and the specific content of the application.
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