How does the USPTO handle applications filed before September 16, 2012?
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.
Applications filed before September 16, 2012, are subject to different correspondence rules. As stated in MPEP 403.01(a): For applications filed before September 16, 2012, pre-AIA 37 CFR 1.33(a) applies.
This means that for these older applications, the correspondence rules and procedures outlined in pre-AIA 37 CFR 1.33(a) are still in effect. It’s important to check the filing date of your application to determine which set of rules applies.
For more detailed information on pre-AIA rules, you can refer to MPEP 403 which covers correspondence for applications filed before September 16, 2012.