What is the significance of the AIA (America Invents Act) for patent application correspondence?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 America Invents Act (AIA) brought significant changes to patent application correspondence, particularly for applications filed on or after September 16, 2012. Key changes include:

  • New rules for who can file patent applications
  • Changes in correspondence procedures
  • Updated requirements for patent practitioners’ authority

According to MPEP 403.01(a): “The provisions of 37 CFR 1.33(b) for patent applications filed on or after September 16, 2012 differ from the provisions of pre-AIA 37 CFR 1.33(b) for patent applications filed prior to September 16, 2012.” This highlights the importance of understanding the specific rules that apply based on the application’s filing date.

Topics: MPEP 400 - Representative of Applicant or Owner Patent Law Patent Procedure
Tags: America Invents Act, patent law changes