How does the America Invents Act (AIA) affect the interpretation of commercial exploitation?
The America Invents Act (AIA) has introduced changes to how commercial exploitation is interpreted in patent law. The MPEP notes:
“This MPEP section may be applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).”
For applications subject to AIA provisions, examiners are directed to refer to MPEP § 2159 et seq. to determine applicability and MPEP § 2150 et seq. for examination guidance. Additionally, MPEP § 2152.02(c) through (e) provide detailed discussions on public use and on-sale provisions under AIA 35 U.S.C. 102.
These changes may affect how commercial exploitation is evaluated in the context of prior art and the on-sale bar, particularly with the shift to a first-inventor-to-file system.
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