What determines if an application is subject to pre-AIA or AIA patent laws?
The determining factor for whether an application is subject to pre-AIA or AIA patent laws is its filing date. Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103. As stated in MPEP 2159.01:
“The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013. Thus, any application filed before March 16, 2013, is governed by pre-AIA 35 U.S.C. 102 and 103 (i.e., the application is a pre-AIA first to invent application).”
This means that the filing date is crucial in determining which set of laws applies to a patent application.
To learn more:
Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.01 - Applications Filed Before March 16,
Patent Law,
Patent Procedure