Is MPEP 715.01(d) applicable to AIA (America Invents Act) applications?

Question

Accepted Answer

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. 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) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavits or Declarations for AIA First Inventor to File Provision MPEP 715.01(d) Prior Art Under Pre-AIA 35 U.S.C. 102 MPEP 715.01(d) Requirement Not Applicable to First Inventor to File Provisions MPEP 715 Not Applicable to FITF Applications MPEP 718 First Inventor to File Provisions Not Applicable MPEP 2136.05(b) Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Affidavits Under 37 CFR 1.131(c) Must Be Discussed MPEP 715.01(d) Affidavits Required for Pre-AIA Applications MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Other Related FAQs 5 FAQs Collapse What is the significance of the invention date in MPEP 715.01(d)? What types of activities can be used again...