What is a transition application under the America Invents Act (AIA)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. A transition application under the America Invents Act (AIA) is: Filed on or after March 16, 2013 Claims foreign priority to or domestic benefit of an application filed before March 16, 2013 Transition applications may be subject to either pre-AIA or AIA rules depending on the effective filing date of the claimed inventions. The MPEP states: “Transition applications are either pre-AIA first-to-invent applications or AIA first-inventor-to-file applications depending on the effective filing date of the claimed invention(s).” (MPEP 210) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Foreign Priority or Domestic Benefit for Pre-2013 Filing Date MPEP 210 Nonprovisional Filing After March 16, 2013 MPEP 210 Priority Claim for Nonprovisional Application Filed After March 16, 2013 MPEP 210 Effective Filing Date for Patent Claims MPEP 210 Effective Filing Date Determines AIA Examination MPEP 210 Claiming Benefit of Earlier Filing Date After March 16, 2013 MPEP 210 Filing Date for Priority Claimed MPEP 210 Priority Claim Not Required for Certain Applications MPEP 210 Required Later-Filed Application Can Claim Priority to Prior Filed Application MPEP 210 Permitted Priority Claim for International Designs MPEP 210 Permitted Other Related FAQs 5 FAQs Collapse What statement is required for transition applications under 37 CFR 1.55 and 1.78? How is the effective filing date determined for claimed inventions? What are the changes to priority and benefit claims under the Patent Law Treaties Implementation Act (PLTIA)? How do the first inventor to file provisions of the AIA affect claiming priority to a prior-filed application? What are the requirements for claiming foreig...