What is the significance of the first inventor to file (FITF) provisions in relation to MPEP 2155.02?
MPEP 2155.02 is specifically applicable to patent applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). The MPEP states: [Editor Note: 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). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131 – MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
This means that the guidelines and procedures outlined in MPEP 2155.02 regarding showing that the subject matter disclosed had been previously publicly disclosed by the inventor or a joint inventor are specifically tailored to the FITF system. For applications not subject to FITF provisions, different rules may apply, and examiners are directed to other MPEP sections for guidance.
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