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 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 does the effective filing date affect the application of AIA provisions?
The effective filing date plays a crucial role in determining whether the AIA (America Invents Act) provisions or pre-AIA laws apply to a patent application. According to MPEP 2159: “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,…
Read MoreWhat is the significance of the effective filing date in patent examination?
The effective filing date plays a crucial role in patent examination for several reasons: It determines the cutoff date for prior art that can be used against the claimed invention. It establishes the date from which the claimed invention is entitled to priority. It affects the applicability of certain AIA provisions, such as the grace…
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