How does the America Invents Act (AIA) affect the “invention made in this country” requirement?

The America Invents Act (AIA) significantly changed the U.S. patent system, including the relevance of where an invention was made. The MPEP 2138.02 notes:

“This MPEP section has limited applicability 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).”

This means that for most current patent applications, the requirement that an invention be “made in this country” is no longer applicable. The AIA shifted the U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system, making the location of invention less relevant.

To determine if this section applies to a specific application:

• Check if the application is subject to FITF provisions: MPEP § 2159 et seq.
• For AIA applications where this section might apply: MPEP § 2159.03
• For examination of applications under FITF provisions: MPEP § 2150 et seq.

To learn more:

• AIA
• first-inventor-to-file
• patent law changes
• invention location