What is the significance of the effective filing date in AIA 35 U.S.C. 103?
The effective filing date plays a crucial role in determining the applicable version of 35 U.S.C. 103 and the scope of prior art for obviousness rejections. According to MPEP 2158:
“The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013. Thus, any application filed before March 16, 2013, is governed by pre-AIA 35 U.S.C. 103.”
For applications filed on or after March 16, 2013, AIA 35 U.S.C. 103 applies if the application contains or contained at any time a claim to a claimed invention that has an effective filing date that is on or after March 16, 2013.
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Topics:
MPEP 2100 - Patentability,
MPEP 2158 - Aia 35 U.S.C. 103,
Patent Law,
Patent Procedure