How does the AIA first inventor to file system affect prior art rejections?
How does the AIA first inventor to file system affect prior art rejections?
The America Invents Act (AIA) introduced the first inventor to file system, which significantly impacts prior art rejections. According to MPEP 706.02:
‘AIA 35 U.S.C. 102(a)(1) and (a)(2) define the prior art that will preclude the grant of a patent on a claimed invention unless an exception in AIA 35 U.S.C. 102(b) is applicable.’
Key points about the AIA’s impact on prior art rejections include:
- Prior art now includes public disclosures before the effective filing date
- The one-year grace period is limited to disclosures by inventors or obtained from inventors
- Prior-filed applications that are published or patented can be used as prior art as of their filing date
Examiners must carefully consider these new provisions when applying prior art rejections under the AIA system.
To learn more:
To learn more: