How do I determine if my patent application is subject to AIA or pre-AIA laws?
To determine whether your patent application is subject to AIA (America Invents Act) or pre-AIA laws, you need to consider the effective filing date of your claimed invention. According to MPEP 2159: “Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after…
Read MoreWhat precautions should be taken when claiming priority to a pre-AIA application?
When claiming priority to a pre-AIA application (filed before March 16, 2013) in a new application filed on or after March 16, 2013, special care must be taken. The MPEP 2159.03 advises: “For these reasons, when subject matter is claimed in an application filed on or after March 16, 2013 having priority to or the…
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