What precautions should be taken when claiming priority to a pre-AIA application?
When claiming priority to a pre-AIA application (filed before March 16, 2013) in a new application filed on or after March 16, 2013, special care must be taken. The MPEP 2159.03 advises: “For these reasons, when subject matter is claimed in an application filed on or after March 16, 2013 having priority to or the…
Read MoreHow does claiming benefit to an earlier application affect AIA status?
Claiming benefit to an earlier application can affect the AIA status of a patent application. According to MPEP 2159.02: “If a patent application (1) contains or contained at any time a claim to a claimed invention having an effective filing date as defined in 35 U.S.C. 100(i) that is on or after March 16, 2013…
Read MoreWhat determines if an application is subject to AIA 35 U.S.C. 102 and 103?
An application is subject to AIA 35 U.S.C. 102 and 103 if it: Contains or contained at any time a claim to a claimed invention with an effective filing date on or after March 16, 2013, or Claims or ever claimed the benefit of an earlier filing date under 35 U.S.C. 120, 121, or 365…
Read MoreCan adding new claims after March 16, 2013, make AIA laws applicable to a pre-AIA application?
No, adding new claims after March 16, 2013, does not make AIA laws applicable to a pre-AIA application. The MPEP 2159.01 states: “Additionally, adding claims after March 16, 2013 in an application filed before March 16, 2013 via an amendment which contains new matter does not make the changes to 35 U.S.C. 102 and 35…
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