How does AIA 35 U.S.C. 103 differ in terminology from pre-AIA 35 U.S.C. 103?

AIA 35 U.S.C. 103 uses slightly different terminology compared to pre-AIA 35 U.S.C. 103, but this change does not affect the approach to determining obviousness. The MPEP states:

“AIA 35 U.S.C. 103 requires consideration of ‘the differences between the claimed invention and the prior art,’ while pre-AIA 35 U.S.C. 103 refers to ‘the differences between the subject matter sought to be patented and the prior art.’“

The MPEP clarifies that this difference in terminology does not indicate a need for any change in the approach to obviousness. The term “claims” has been used in patent legislation since 1836 to define the invention that an applicant believes is patentable.

To learn more:

• AIA
• pre-AIA
• obviousness
• terminology
• claimed invention