How does the AIA’s first-inventor-to-file system affect the application of 35 U.S.C. 102?

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.

The America Invents Act (AIA) introduced a significant change to U.S. patent law by implementing a first-inventor-to-file system. This change directly affects how 35 U.S.C. 102 is applied. MPEP 2139.02 indicates:

“The AIA revisions to 35 U.S.C. 102 and 103 apply to any patent application that contains or contained at any time a claim to a claimed invention that has an effective filing date that is on or after March 16, 2013.”

Under the AIA’s first-inventor-to-file system, the effective filing date becomes crucial in determining prior art. This system eliminates the previous “first-to-invent” approach and generally gives priority to the first inventor to file a patent application. As a result, the AIA version of 35 U.S.C. 102 considers a broader range of prior art and emphasizes the importance of filing patent applications promptly.