Can an application change from pre-AIA to AIA status?

Yes, an application can change from pre-AIA to AIA status under certain conditions. According to MPEP 2159.02:

“If an application filed on or after March 16, 2013, that did not previously contain any claim to a claimed invention having an effective filing date on or after March 16, 2013, (a pre-AIA application) is amended to contain a claim to a claimed invention having an effective filing date on or after March 16, 2013, the application becomes an AIA application“

This change occurs if:

• The application was initially filed on or after March 16, 2013
• It originally contained only pre-AIA claims
• It is amended to include a claim with an effective filing date on or after March 16, 2013
• The newly added claimed invention has support under 35 U.S.C. 112(a) in the application

Once an application becomes an AIA application, it remains so even if the post-AIA claim is later canceled.

To learn more:

• AIA
• pre-AIA
• patent application
• effective filing date