What is the difference between pre-AIA and AIA treatment of patent prior art?

What is the difference between pre-AIA and AIA treatment of patent prior art? The America Invents Act (AIA) introduced significant changes to how patent prior art is treated compared to the pre-AIA system. The MPEP 2152.02(a) highlights a key difference: “The AIA draws no distinction between patents and published patent applications as prior art.” This…

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How does the AIA affect the treatment of foreign priority claims in determining prior art dates?

The AIA (America Invents Act) has significantly changed the treatment of foreign priority claims in determining prior art dates. Under the AIA: Foreign priority claims can now establish an earlier effective filing date for prior art purposes. This applies to both U.S. and foreign applicants. The subject matter must be adequately supported in the priority…

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How does the AIA first-inventor-to-file system affect prior art determinations?

The America Invents Act (AIA) introduced the first-inventor-to-file system, which significantly impacts prior art determinations. The MPEP section 2152.05 is specifically applicable to this system, as noted: “[This MPEP section] is only applicable to applications subject to examination under the first inventor to file provisions of the AIA as explained in 35 U.S.C. 100 (note)…

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How does the AIA’s first-inventor-to-file system affect the interpretation of “patented” under 35 U.S.C. 102(a)(1)?

The America Invents Act (AIA) introduced the first-inventor-to-file system, which significantly impacts the interpretation of “patented” under 35 U.S.C. 102(a)(1). The MPEP notes: “[This MPEP section] is only 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). See MPEP…

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How 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…

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