How does the America Invents Act (AIA) affect the determination of the 371(c) date?
The America Invents Act (AIA) has impacted the determination of the 371(c) date in national stage applications. The MPEP states:
“Because of changes implemented pursuant to the America Invents Act (AIA), and in particular, the ability to postpone the submission of the oath or declaration required under 35 U.S.C. 371(c)(4) under certain conditions, the requirements for entry into the national stage, and thus the determination of the 371(c) date, are different based on the international filing date of the national stage application.“
For applications with an international filing date on or after September 16, 2012, the 371(c) date is determined by the receipt of the 371(c)(1) and (c)(2) requirements, without the need for the oath or declaration. This change allows for more flexibility in the national stage entry process.
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