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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Requirement for Post-Sept. 16, 2012 Patent Applications MPEP 2001 Who Must Disclose Information for Patent Applications MPEP 2001.01 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Individuals May Disclose Information to Patent Agent MPEP 2001 Permitted Disclosure Requirement for Patentability Information MPEP 2001 Duty to Disclose Material Information for Patent Applications and Reexaminations MPEP 2001.01 Duty to Disclose Material Information MPEP 2000 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Other Related FAQs 5 FAQs Collapse When did the current version of 37 CFR 1.56 become applicable? What type of information must be disclosed to the USPTO? Who has the duty to disclose information to the USPTO? What is a prima fa...