What is the difference between pre-AIA and current 37 CFR 1.56?

The main difference between the pre-AIA (America Invents Act) and current versions of 37 CFR 1.56 lies in the applicability of paragraph (c)(3). The MPEP notes:

“[Editor Note: Para. (c)(3) below is not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012.]”

This means that for patent applications filed before September 16, 2012, the pre-AIA version of 37 CFR 1.56 applies, which does not include paragraph (c)(3). For applications filed on or after this date, the current version, including paragraph (c)(3), is applicable. The specific content of paragraph (c)(3) likely relates to additional disclosure requirements or clarifications introduced by the AIA.

To learn more:

• 37 CFR 1.56
• pre-AIA
• AIA
• patent law changes
• duty of disclosure