Can an application change from pre-AIA to AIA status?

Yes, an application can change from pre-AIA to AIA status under certain conditions. According to MPEP 2159.02: “If an application filed on or after March 16, 2013, that did not previously contain any claim to a claimed invention having an effective filing date on or after March 16, 2013, (a pre-AIA application) is amended to…

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How do pre-AIA notions of obviousness apply under the AIA?

Generally, pre-AIA notions of obviousness continue to apply under the AIA, with some exceptions. The MPEP states: “Generally speaking, and with the exceptions noted herein, pre-AIA notions of obviousness continue to apply under the AIA.“ This means that many of the established principles and case law regarding obviousness determinations remain relevant under the AIA. However,…

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What is the role of the patent examiner in investigating potential public uses under the AIA?

Under the AIA, patent examiners play an important role in investigating potential public uses that could affect the patentability of an invention. The MPEP provides guidance on this matter: “[O]nce an examiner becomes aware that a claimed invention has been the subject of a potentially public use, the examiner should require the applicant to provide…

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