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