How does the AIA FITF system affect priority claims in patent applications?
How does the AIA FITF system affect priority claims in patent applications? The America Invents Act (AIA) First-Inventor-to-File (FITF) system, which went into effect on March 16, 2013, significantly impacted how priority is determined for patent applications. According to MPEP 210: The AIA converted the U.S. patent system from a ‘first to invent’ system to…
Read MoreWhen is a newly executed inventor’s oath or declaration required in a continuing application?
For continuing applications (continuation, divisional, continuation-in-part) filed on or after September 16, 2012 under 37 CFR 1.53(b), a newly executed inventor’s oath or declaration is generally not required if: An oath or declaration complying with 35 U.S.C. 115 and 37 CFR 1.63 (or substitute statement under 37 CFR 1.64) was filed in the earlier-filed application…
Read MoreHow does the AIA’s first-inventor-to-file (FITF) provision affect perfecting foreign priority claims?
The America Invents Act’s (AIA) first-inventor-to-file (FITF) provision has significant implications for perfecting foreign priority claims, especially in cases where the foreign application has a pre-March 16, 2013 filing date. Key points include: If a patent was examined under FITF provisions, but the foreign priority application has a pre-AIA filing date, perfecting the priority claim…
Read MoreHow does the AIA FITF system affect the prior-filed application requirements?
How does the AIA FITF system affect the prior-filed application requirements? The America Invents Act (AIA) First Inventor to File (FITF) system has introduced some changes to the prior-filed application requirements. The MPEP explains: “AIA 35 U.S.C. 120, 121, 365(c), and 386(c) require that the prior-filed application to which benefit is claimed must name the…
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