How do I determine which version of 35 U.S.C. 102 applies to my patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To determine which version of 35 U.S.C. 102 applies to your patent application, you need to consider the filing date of your application. The MPEP provides clear guidance:

Form paragraph 7.03.aia or 7.03.fti should be used in an Office action to indicate whether the application is being examined under the first inventor to file provisions of the AIA or the pre-AIA prior art provisions, respectively.

• If your application was filed on or after March 16, 2013, it is likely subject to the AIA (America Invents Act) provisions.
• If your application was filed before March 16, 2013, it is subject to the pre-AIA provisions.

However, some applications filed on or after March 16, 2013, may still be subject to pre-AIA provisions if they contain or contained at any time a claim to an invention with an effective filing date before March 16, 2013. For a definitive determination, consult the Office action or contact the USPTO.