How does MPEP 715.01(c) apply to AIA applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. MPEP 715.01(c) is primarily focused on pre-AIA applications. The section begins with an important note: [Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and MPEP § 2159.] For applications subject to AIA provisions, the MPEP provides different guidance: For affidavits or declarations of attribution or prior public disclosure in AIA applications, refer to MPEP § 717 . For affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718 . For applications subject to current 35 U.S.C. 102, see MPEP §§ 2153 and 2154 . It’s crucial for patent attorneys and examiners to determine whether an application is subject to pre-AIA or AIA provisions before applying the guidance in MPEP 715.01(c). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits for AIA First Inventor to File Provisions MPEP 715.01(c) Requirement for Applications Subject to FITF Provisions MPEP 2154 Not Applicable to FITF Applications MPEP 718 Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Application Subject to FITF Provisions Must Be Examined Under AIA Rules MPEP 2153 Affidavits Required for Pre-AIA Applications MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Affidavits Under 37 CFR 1.131(c) Requirement MPEP 715.01(c) Inventor's Affidavit to Overcome Publication Rejection MPEP 715.01(c) Permitted Other Related FAQs 5 FAQs Collapse What is the significance of 37 CFR 1.132 affidavits in overcoming pre-AIA 35 U.S.C. 102 or...