35 U.S.C. § 100 — (note) (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 100 (note)
This page consolidates MPEP guidance interpreting 35 U.S.C. § 100, including 305 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The 35 USC 100 (note) provides critical guidance for understanding the transitional provisions and applicability of the America Invents Act (AIA), specifically addressing how patent applications filed on or after March 16, 2013, are evaluated under new legal frameworks.
What this section covers
- Explains the applicability of AIA provisions to patent applications filed on or after March 16, 2013.
- Clarifies the distinctions between AIA and pre-AIA patent examination practices.
Key obligations
- Determine the correct legal framework based on the patent application's filing date.
- Apply the appropriate prior art standards for first inventor to file provisions.
Conditions and exceptions
- Identify specific scenarios where pre-AIA or AIA rules may have different interpretations.
Practice notes
- Carefully document and track the filing date to ensure correct legal framework application.
- Understand the nuanced changes in on-sale and public use standards under AIA.
Official MPEP § 100 — (note)
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 100 (note) AIA First inventor to file provisions.
The first inventor to file provisions of the Leahy-Smith America Invents Act (AIA) apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—
- (A) a claim to a claimed invention that has an
effective filing date on or after March 16, 2013 wherein the effective
filing date is:
- (i) if subparagraph (ii) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
- (ii) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119 , 365(a) , 365(b) , 386(a) , or 386(b) or to the benefit of an earlier filing date under section 120 , 121 , 365(c) , or 386(c) ; or
- (B) a specific reference under section 120 , 121 , 365(c) , or 386(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.
(Sept. 16, 2011, Public Law 112-29, sec. 3(n)(1) (effective March 16, 2013), 125 Stat. 284; references to 35 U.S.C. 386 added Dec. 18, 2012, Public Law 112-211, sec. 102(1) (effective May 13, 2015), 126 Stat. 1531.)
-
-
-
-
-
-
- Aia 102A1
-
- Aia Grace Period
-
- Application Types
- Continuing Applications
- Continuation Applications
-
- Ex Parte Reexamination
- Reexamination Request
- Examination Procedure
- Amendments Practice
-
- Rejection Of Claims
- Patent Application Content
- Claims
- Claim Subject Matter
- Patent Term
- Pct
- Pct Amendments Article 19
- Pct Filing
- Plant Patents
- Plant Application
- Plant Inventor Oath
- Priority Benefit
- Foreign Priority
-
- Reissue Examination
-
- Statutory Categories
-
- Common Ownership Exception
- Prior Art 102A1
- Sequence Listing
- Signature Requirements
- Signature Assignee
-