What changes did AIA 35 U.S.C. 103 make to pre-AIA 35 U.S.C. 103(b) and 103(c)?
AIA 35 U.S.C. 103 made significant changes to pre-AIA 35 U.S.C. 103(b) and 103(c):
- Pre-AIA 35 U.S.C. 103(b): This provision, which applied to biotechnological inventions, has been eliminated in AIA 35 U.S.C. 103.
- Pre-AIA 35 U.S.C. 103(c): This has been eliminated, but similar provisions have been introduced in AIA 35 U.S.C. 102(b)(2)(C) and 102(c).
The MPEP states:
Additionally, disclosures excepted under AIA 35 U.S.C. 102(b)(2)(C) and 102(c) cannot be used in obviousness rejections, whereas under pre-AIA 35 U.S.C. 103(c), certain prior art was merely defined as not precluding patentability.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2158 - Aia 35 U.S.C. 103,
Patent Law,
Patent Procedure