Is MPEP 715.01(d) applicable to AIA (America Invents Act) applications?
No, MPEP 715.01(d) is generally not applicable to applications subject to the first inventor to file provisions of the AIA (America Invents Act). The section explicitly states:
“[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).”
This means that the procedures outlined in MPEP 715.01(d) for overcoming rejections based on prior use or knowledge are primarily relevant to pre-AIA applications. For AIA applications, different procedures apply, which are covered in other sections of the MPEP.
The note also directs readers to other relevant sections:
- MPEP § 2159 for determining AIA status
- MPEP § 717 for affidavits or declarations in AIA applications
- MPEP § 718 for affidavits or declarations under 37 CFR 1.131(c)
To learn more: