MPEP § 2159 — Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA (Annotated Rules)
§2159 Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA
This page consolidates and annotates all enforceable requirements under MPEP § 2159, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA
This section addresses Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA. Primary authority: 35 U.S.C. 102 and 35 U.S.C. 103. Contains: 1 statement.
Key Rules
AIA Effective Dates
Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates | 35 U.S.C. § 102 |
| AIA Effective Dates | 35 U.S.C. § 103 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2159 — Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA
Source: USPTO2159 Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA [R-11.2013]
Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.