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…
Read MoreHow 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…
Read MoreHow does the AIA’s first-inventor-to-file system affect the application of 35 U.S.C. 102?
The America Invents Act (AIA) introduced a significant change to U.S. patent law by implementing a first-inventor-to-file system. This change directly affects how 35 U.S.C. 102 is applied. MPEP 2139.02 indicates: “The AIA revisions to 35 U.S.C. 102 and 103 apply to any patent application that contains or contained at any time a claim to…
Read MoreHow does the AIA change the territorial scope of prior art?
The America Invents Act (AIA) significantly changed the territorial scope of prior art compared to pre-AIA law. The MPEP 2133.03(d) notes: “This MPEP section is not 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).” Key changes in the…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(A) exception differ from pre-AIA patent law?
The AIA 35 U.S.C. 102(b)(2)(A) exception is part of the America Invents Act (AIA), which made significant changes to U.S. patent law. This exception is specifically applicable to applications subject to the first inventor to file (FITF) provisions of the AIA. The MPEP notes: [Editor Note: This MPEP section is only applicable to applications subject…
Read MoreHow did the 1952 Patent Act affect the Old Combination principle?
The 1952 Patent Act had a significant impact on the Old Combination principle, effectively invalidating it. According to MPEP 2173.05(j): “A majority opinion of the Board of Appeals held that Congress removed the underlying rationale of Lincoln Engineering in the 1952 Patent Act, and thereby effectively legislated that decision out of existence. Ex parte Barber,…
Read MoreWhen was the Statutory Invention Registration (SIR) provision repealed?
The Statutory Invention Registration (SIR) provision was repealed on March 16, 2013, as part of the America Invents Act. According to MPEP 1101: “The provisions of pre-AIA 35 U.S.C. 157 were repealed on March 16, 2013, effective for any request filed on or after that date. See §3(e) of the America Invents Act.” This means…
Read MoreWhat changes were made to the Board’s name and duties in recent legislation?
The America Invents Act (AIA), enacted as Pub. L. 112-29, made significant changes to the patent appeal board. According to the MPEP: “35 U.S.C. 6 was amended in Pub. L. 112-29, sec. 7. In addition to changing the duties of the Board and clarifying its membership, the name of the Board was changed from the…
Read MoreWhat changes were made to the reissue process by the America Invents Act?
The America Invents Act (AIA) made a significant change to the reissue process. As stated in the MPEP: “Effective September 16, 2012, Public Law 112-29, sec. 20, 125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended 35 U.S.C. 251 to eliminate the ‘without deceptive intention’ clause.” This change means that for reissue applications filed on…
Read MoreWhen 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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