How does the AIA affect the interpretation of public use and on-sale bar?
The America Invents Act (AIA) has introduced changes to the interpretation of public use and on-sale bar. The MPEP 2133.03(e)(2) notes: “This MPEP section may be 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).” For a detailed discussion…
Read MoreHow does 37 CFR 1.130 relate to the America Invents Act (AIA)?
37 CFR 1.130 is directly related to the America Invents Act (AIA) and is only applicable to patent applications subject to the first inventor to file (FITF) provisions of the AIA. It provides a mechanism for applicants to overcome prior art rejections under the new AIA provisions. Specifically, 37 CFR 1.130 allows applicants to establish…
Read MoreHow does the America Invents Act (AIA) affect affidavits and declarations under 37 CFR 1.131(a)?
The America Invents Act (AIA) has significantly impacted the applicability of affidavits and declarations under 37 CFR 1.131(a): For applications subject to the first inventor to file provisions of the AIA, 37 CFR 1.131(a) is generally not applicable. These affidavits or declarations can still be used to overcome rejections under pre-AIA 35 U.S.C. 102(g). For…
Read MoreIs MPEP 715.07(b) applicable to applications subject to the AIA first inventor to file provisions?
No, MPEP 715.07(b) is generally not applicable to applications subject to the America Invents Act (AIA) first inventor to file provisions. The MPEP section explicitly states: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA…
Read MoreHow does MPEP 715.05 apply to applications subject to the AIA?
MPEP 715.05 has limited applicability to applications subject to the America Invents Act (AIA). The section specifically states: “[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g).” For applications subject…
Read MoreIs MPEP 715.01(d) applicable to AIA (America Invents Act) applications?
No, MPEP 715.01(d) is generally not applicable to applications subject to the first inventor to file provisions of the AIA (America Invents Act). The section explicitly states: “[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a…
Read MoreWhat is the applicability of MPEP 715.01(b) to AIA applications?
MPEP 715.01(b) has limited applicability to applications subject to the America Invents Act (AIA). The section begins with an important editor’s note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). This…
Read MoreHow does MPEP 715.01(c) apply to AIA applications?
MPEP 715.01(c) is primarily focused on pre-AIA applications. The section begins with an important note: [Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and…
Read MoreHow does the AIA first inventor to file system affect prior art rejections?
How does the AIA first inventor to file system affect prior art rejections? The America Invents Act (AIA) introduced the first inventor to file system, which significantly impacts prior art rejections. According to MPEP 706.02: ‘AIA 35 U.S.C. 102(a)(1) and (a)(2) define the prior art that will preclude the grant of a patent on a…
Read MoreWhat is the relationship between 37 CFR 1.131(c) and the first inventor to file provisions of the AIA?
The provisions of 37 CFR 1.131(c) are not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). This is clearly stated in the editor’s note at the beginning of MPEP 718: [Editor Note: This MPEP section is not applicable to applications subject to examination…
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