How do the first inventor to file provisions of the AIA affect claiming priority to a prior-filed application?
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 first inventor to file provisions that took effect on 3/16/2013 require additional statements for certain “transition” applications:
– Transition applications are those filed on or after 3/16/2013 that claim priority to an application filed before 3/16/2013.
– If a transition application ever contained a claim having an effective filing date on or after 3/16/2013, a statement to that effect is required within the later of 4 months from the actual filing date, 4 months from national stage entry, 16 months from the prior application, or the date the claim was first presented.
– This statement requirement does not apply if the application only claims priority to applications filed on or after 3/16/2013, or if the applicants reasonably believe the application never contained such a claim.