Does filing a request for continued examination (RCE) change the applicable patent laws?
No, filing a request for continued examination (RCE) does not change the applicable patent laws for an application. The MPEP 2159.01 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. Accordingly, even if a…
Read MoreWhat determines if an application is subject to pre-AIA or AIA patent laws?
The determining factor for whether an application is subject to pre-AIA or AIA patent laws is its filing date. Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103. As stated in MPEP 2159.01: “The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any…
Read MoreHow does the entry into the national stage affect the applicable patent laws for PCT applications?
The entry into the national stage does not change the applicable patent laws for PCT applications. According to MPEP 2159.01: “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 U.S.C. 371…
Read MoreWhat happens if new matter is added to a pre-AIA application after March 16, 2013?
If new matter is added to a pre-AIA application after March 16, 2013, it does not change the application’s status, but it may lead to rejections. According to MPEP 2159.01: “If new matter is added via amendment, claims directed to the new matter will be rejected under pre-AIA 35 U.S.C. 112, first paragraph. See MPEP…
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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