What is the significance of the “effectively filed” date under AIA 35 U.S.C. 102(d)?
The concept of “effectively filed” date is crucial for determining whether a U.S. patent document qualifies as prior art under AIA 35 U.S.C. 102(a)(2). The MPEP explains: AIA 35 U.S.C. 102(d) defines “effectively filed” for the purpose of determining whether a particular U.S. patent document is prior art under AIA 35 U.S.C. 102(a)(2) to a…
Read MoreHow does the AIA define “effective filing date” for a claimed invention?
The America Invents Act (AIA) defines the “effective filing date” for a claimed invention as the earliest of: The actual filing date of the patent or application containing the claimed invention; or The filing date of the earliest application for which the patent or application is entitled to claim a right of priority or the…
Read MoreHow does the America Invents Act (AIA) affect WIPO published applications as prior art?
The America Invents Act (AIA) significantly changed how WIPO published applications are treated as prior art. According to MPEP 2154.01(a): “AIA 35 U.S.C. 102(a)(2) explicitly references U.S. patents, U.S. patent application publications, and WIPO published applications as potential prior art documents.” This means that under the AIA, WIPO published applications are now explicitly recognized as…
Read MoreHow does the AIA affect the interpretation of the on-sale bar?
The America Invents Act (AIA) maintained the “on sale” language from the pre-AIA statute, and the courts have interpreted it as having the same meaning. The MPEP states: It is noted that AIA 35 U.S.C. 102(a)(1) uses the same “on sale” term as pre-AIA 35 U.S.C. 102(b) and is treated as having the same meaning.…
Read MoreHow does the AIA affect the effective filing date of subject matter in prior art?
The America Invents Act (AIA) introduced changes to how the effective filing date of subject matter in prior art is determined. Under AIA 35 U.S.C. 102(d), the effective filing date for subject matter in a U.S. patent document can be: The actual filing date of the patent or application The filing date of the earliest…
Read MoreHow does the America Invents Act (AIA) affect the applicability of pre-AIA 35 U.S.C. 102(g)?
The America Invents Act (AIA) significantly changed the U.S. patent system, transitioning from a first-to-invent to a first-inventor-to-file system. This change has important implications for the applicability of pre-AIA 35 U.S.C. 102(g). The MPEP provides guidance on this matter: This MPEP section has limited applicability to applications subject to examination under the first inventor to…
Read MoreHow does the AIA (America Invents Act) affect the treatment of CIP applications?
The America Invents Act (AIA) significantly changed the treatment of Continuation-In-Part (CIP) applications for patents filed on or after March 16, 2013. The MPEP 2133.01 notes: “[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35…
Read MoreHow does the AIA define “effective filing date”?
The AIA provides a specific definition for the term “effective filing date” in 35 U.S.C. 100(i)(1). According to the MPEP: The AIA defines the term “effective filing date” for a claimed invention in a patent or application for patent (other than a reissue application or reissued patent) in 35 U.S.C. 100(i)(1) as meaning the earlier…
Read MoreHow does the AIA change the territorial scope of prior art?
The America Invents Act (AIA) significantly changed the territorial scope of prior art compared to pre-AIA law. The MPEP 2133.03(d) notes: “This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).” Key changes in the…
Read MoreHow does the AIA affect the consideration of prior art timing?
The America Invents Act (AIA) has changed the relevant timing for considering prior art in patent examination. The MPEP 2141.02 notes: “For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is ‘before the effective filing date of the claimed invention’. For applications subject to pre-AIA 35 U.S.C.…
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