Can an application change from pre-AIA to AIA status?
Yes, an application can change from pre-AIA to AIA status under certain conditions. According to MPEP 2159.02:
“If an application filed on or after March 16, 2013, that did not previously contain any claim to a claimed invention having an effective filing date on or after March 16, 2013, (a pre-AIA application) is amended to contain a claim to a claimed invention having an effective filing date on or after March 16, 2013, the application becomes an AIA application“
This change occurs if:
- The application was initially filed on or after March 16, 2013
- It originally contained only pre-AIA claims
- It is amended to include a claim with an effective filing date on or after March 16, 2013
- The newly added claimed invention has support under 35 U.S.C. 112(a) in the application
Once an application becomes an AIA application, it remains so even if the post-AIA claim is later canceled.
To learn more:
Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.02 - Applications Filed On Or After March 16,
Patent Law,
Patent Procedure