How 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…

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Is 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…

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How 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…

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How 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…

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What 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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