What is a transition application under the AIA?
A transition application under the America Invents Act (AIA) is:
- A nonprovisional application filed on or after March 16, 2013
- That claims foreign priority to, or domestic benefit of, an application filed before March 16, 2013
Transition applications can be 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).
The MPEP states: “Transition applications are nonprovisional applications that: (A) are filed on or after March 16, 2013; and (B) claim foreign priority to, or domestic benefit of, an application filed before March 16, 2013. 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).”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
Patent Law,
Patent Procedure