What is the significance of the America Invents Act (AIA) in determining which version of 35 U.S.C. 102 to apply?
The America Invents Act (AIA) introduced significant changes to U.S. patent law, particularly regarding the application of 35 U.S.C. 102. According to MPEP 2139.02:
“The America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the provisions that govern which version of 35 U.S.C. 102 to apply to any particular application or patent.”
This means that patent examiners and practitioners must carefully consider the effective filing date of a claimed invention to determine whether to apply the pre-AIA or AIA version of 35 U.S.C. 102. The AIA’s changes affect how prior art is defined and applied, making it crucial to understand which version of the law applies to a given patent application.
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Topics:
(B),
MPEP 2100 - Patentability,
MPEP 2139.02 - Determining Whether To Apply Pre - Aia 35 U.S.C. 102(A),
Or (E),
Patent Law,
Patent Procedure