What is the significance of the America Invents Act (AIA) in relation to pre-AIA 35 U.S.C. 102(b)?

The America Invents Act (AIA) brought significant changes to U.S. patent law, particularly in relation to prior art and the determination of patentability. The MPEP section on pre-AIA 35 U.S.C. 102(b) begins with an important note: “[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file…

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How does the America Invents Act (AIA) affect the “invention made in this country” requirement?

The America Invents Act (AIA) significantly changed the U.S. patent system, including the relevance of where an invention was made. The MPEP 2138.02 notes: “This MPEP section has limited applicability 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).” This…

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When were public use proceedings discontinued by the USPTO?

Public use proceedings were discontinued by the United States Patent and Trademark Office (USPTO) on September 16, 2012. The MPEP clearly states: Effective September 16, 2012, former 37 CFR. 1.292 authorizing petitions seeking institution of public use proceedings was removed from title 37. This change was part of broader reforms to the U.S. patent system…

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