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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.