How does new matter affect AIA status determination?
New matter in a patent application does not affect the determination of AIA status. The MPEP 2159.02 states: “As 35 U.S.C. 132(a) prohibits the introduction of new matter into the disclosure, an application may not contain a claim to a claimed invention that does not have support under 35 U.S.C. 112(a) in the application (that…
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 More