Can applications filed after March 16, 2013 ever be subject to pre-AIA 35 U.S.C. 102?
Yes, certain applications filed on or after March 16, 2013, can be subject to pre-AIA 35 U.S.C. 102. The MPEP states: Certain applications filed on or after March 16, 2013 that claim the benefit of a filing date earlier than March 16, 2013 under 35 U.S.C. 120, 121, or 365 are also governed by pre-AIA 35 U.S.C. 102
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This means that applications claiming priority to an earlier application filed before March 16, 2013, may still be examined under the pre-AIA first to invent regime. However, determining which law applies in these cases can be complex. The MPEP advises: see MPEP § 2159 et seq. for guidance in determining whether such an application is subject to examination under the first to invent prior art regime.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2139 - Rejections Under Pre - Aia 35 U.S.C. 102,
Patent Law,
Patent Procedure