What is the statement requirement for transition applications?
The statement requirement for transition applications was introduced as part of the implementation of the first inventor to file provisions of the America Invents Act (AIA). Transition applications are: Nonprovisional applications filed on or after March 16, 2013 Applications that claim foreign priority to, or domestic benefit of, an application filed before March 16, 2013…
Read MoreHow do the first inventor to file provisions affect priority and benefit claims?
The first inventor to file provisions of the America Invents Act (AIA) have significant implications for priority and benefit claims, particularly for applications filed on or after March 16, 2013. Key points include: The effective filing date of each claimed invention determines whether an application is subject to examination under AIA or pre-AIA 35 U.S.C.…
Read MoreWhat is a transition application under the AIA?
A transition application under the America Invents Act (AIA) is: A nonprovisional application filed on or after March 16, 2013 That claims foreign priority to, or domestic benefit of, an application filed before March 16, 2013 Transition applications can be either pre-AIA first-to-invent applications or AIA first-inventor-to-file applications, depending on the effective filing date of…
Read MoreHow do the first inventor to file provisions of the AIA affect claiming priority to a prior-filed application?
The first inventor to file provisions that took effect on 3/16/2013 require additional statements for certain “transition” applications: – Transition applications are those filed on or after 3/16/2013 that claim priority to an application filed before 3/16/2013.– If a transition application ever contained a claim having an effective filing date on or after 3/16/2013, a…
Read MoreWhat is a transition application under the America Invents Act (AIA)?
A transition application under the America Invents Act (AIA) is: Filed on or after March 16, 2013 Claims foreign priority to or domestic benefit of an application filed before March 16, 2013 Transition applications may be subject to either pre-AIA or AIA rules depending on the effective filing date of the claimed inventions. The MPEP…
Read MoreWhat statement is required for transition applications under 37 CFR 1.55 and 1.78?
For transition applications, 37 CFR 1.55 and 1.78 require a statement if: The application contains or contained a claim with an effective filing date on or after March 16, 2013 The statement must be provided within specified time limits The MPEP notes: “The statement provisions of 37 CFR 1.55 and 1.78 require that if the…
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