What are the requirements for applying pre-AIA 35 U.S.C. 103(b)?

There are several key requirements for applying pre-AIA 35 U.S.C. 103(b):

• The biotechnological process and composition of matter must be in the same application or separate applications with the same effective filing date.
• Both must be owned or assigned to the same person when the process was invented.
• The patent issued on the process must include claims to the composition of matter, or if in different patents, they must expire on the same date.
• The biotechnological process must meet the definition in pre-AIA 35 U.S.C. 103(b).
• A timely election to proceed under pre-AIA 35 U.S.C. 103(b) must be made.

As stated in the MPEP: An election to proceed under pre-AIA 35 U.S.C. 103(b) shall be made by way of petition under 37 CFR 1.182. The petition must establish that all the requirements set forth in pre-AIA 35 U.S.C. 103(b) have been satisfied.

To learn more:

• pre-AIA 35 U.S.C. 103(b)
• requirements
• biotechnology patents
• patent procedure