What is the difference between FITF and pre-AIA applications regarding admissions?
The treatment of admissions differs between applications subject to the First Inventor to File (FITF) provisions of the America Invents Act (AIA) and pre-AIA applications. MPEP 2152.03 specifically notes:
“[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.]“
Key differences include:
- FITF applications: Admissions are treated as prior art under AIA rules, as described in MPEP 2152.03.
- Pre-AIA applications: Admissions are handled according to pre-AIA rules, as outlined in MPEP § 2131 through MPEP § 2138.
While the general concept of using admissions as prior art remains consistent, the specific application and interpretation may vary based on whether the application falls under FITF or pre-AIA provisions.
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