What is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception?
The AIA 35 U.S.C. 102(b)(2)(C) exception became effective on March 16, 2013. This exception applies to any patent, patent application publication, or WIPO published application that names another inventor and was effectively filed before the effective filing date of the claimed invention, where the subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention.
As stated in MPEP 717.02:
The provision of 35 U.S.C. 102(b)(2)(C) applies to applications filed on or after March 16, 2013 and to patents issuing thereon.
It’s important to note that this exception is part of the broader changes introduced by the America Invents Act (AIA) and its implementation date coincides with the transition to the first-inventor-to-file system.
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