What applications are subject to MPEP 2155.04?

MPEP 2155.04 is specifically applicable to patent applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). The section begins with an editor’s note that states:

“This MPEP section is only 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).”

To determine if an application falls under these provisions, refer to MPEP § 2159 et seq. For applications not subject to FITF provisions, examiners should refer to MPEP § 2131 – MPEP § 2138 for guidance on examining applications subject to pre-AIA 35 U.S.C. 102.

To learn more:

• FITF
• AIA
• patent application
• examination