Does filing a request for continued examination (RCE) change an application’s status under pre-AIA or AIA rules?
No, filing a request for continued examination (RCE) does not change an application’s status under pre-AIA or AIA rules. The MPEP clearly states: Accordingly, such an application remains subject to pre-AIA 35 U.S.C. 102 and 103 even if a request for continued examination under 37 CFR 1.114 is filed on or after March 16, 2013,…
Read MoreWhat determines if an application is subject to pre-AIA 35 U.S.C. 102 and 103?
An application is subject to pre-AIA 35 U.S.C. 102 and 103 if it was filed before March 16, 2013. As stated in the MPEP, 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…
Read MoreCan applications filed after March 16, 2013 ever be subject to pre-AIA 35 U.S.C. 102?
Yes, certain applications filed on or after March 16, 2013, can be subject to pre-AIA 35 U.S.C. 102. The MPEP states: Certain applications filed on or after March 16, 2013 that claim the benefit of a filing date earlier than March 16, 2013 under 35 U.S.C. 120, 121, or 365 are also governed by pre-AIA…
Read MoreHow does national stage entry affect the application of pre-AIA or AIA rules for PCT applications?
The national stage entry of a PCT application does not change its status under pre-AIA or AIA rules. The MPEP clearly states: Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35…
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