How do the first inventor to file provisions of the AIA affect claiming priority to a prior-filed application?
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.