How does the first inventor to file (FITF) provision affect prior art considerations?

The first inventor to file (FITF) provision, introduced by the America Invents Act (AIA), significantly affects prior art considerations. The MPEP section 2154 notes: “[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).]“

Under the FITF system:

• The effective filing date of a claimed invention is crucial in determining what qualifies as prior art.
• Prior art is generally expanded to include public disclosures anywhere in the world.
• The one-year grace period is limited to disclosures by the inventor or obtained from the inventor.

To determine if an application is subject to FITF provisions, refer to MPEP § 2159 et seq. For pre-AIA applications, refer to MPEP § 2131 – MPEP § 2138.

To learn more:

• AIA
• FITF
• first inventor to file
• prior art
• effective filing date