Does filing a request for continued examination (RCE) affect the application of AIA provisions?
No, filing a request for continued examination (RCE) does not affect the application of AIA provisions. The MPEP clearly states: “Note that neither the filing of a request for continued examination, nor entry into the national stage under 35 U.S.C. 371, constitutes the filing of a new application.” This means that even if you file…
Read MoreWhen do pre-AIA 35 U.S.C. 102 and 103 apply to applications filed on or after March 16, 2013?
Pre-AIA 35 U.S.C. 102 and 103 can still apply to applications filed on or after March 16, 2013, under specific circumstances. The MPEP states: “Applications filed on or after March 16, 2013 are also subject to pre-AIA 35 U.S.C. 102 if the application has never contained a claim with an effective filing date on or…
Read MoreHow are PCT applications treated under the AIA provisions?
PCT applications are treated as follows under the AIA provisions: “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 U.S.C. 371 before or after March 16, 2013.“ This means that the filing…
Read MoreHow does submitting new matter after March 16, 2013, affect an application’s pre-AIA status?
Submitting new matter after March 16, 2013, does not affect an application’s pre-AIA status. The MPEP clearly states: “Submission of an amendment including a claim that includes new matter on or after March 16, 2013, also does not affect an application’s status as a pre-AIA application.” This is because, according to 35 U.S.C. 132(a), no…
Read MoreHow do I determine if my patent application is subject to pre-AIA or AIA provisions?
To determine whether your application is subject to pre-AIA or AIA provisions, consider the following guidelines from the MPEP: Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103. Applications filed on or after March 16, 2013, are subject to AIA provisions, unless they have never contained a claim with…
Read MoreWhat are the key changes to 35 U.S.C. 102 and 103 introduced by the Leahy-Smith America Invents Act (AIA)?
The Leahy-Smith America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the standard to determine what prior art is available during examination of an application. As stated in the MPEP, “The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013.” This means…
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