Can applications filed after March 16, 2013 ever be subject to pre-AIA 35 U.S.C. 102?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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, 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 . 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Filed Before March 16, 2013, Is Pre-AIA MPEP 2139 PCT Application Filed Under 35 U.S.C. 363 Before March 16, 2013, Subject to Pre-AIA 102 and 103 MPEP 2139 Applications Claiming Earlier Filing Dates Subject to Pre-AIA 102 MPEP 2139 Continued Examination Not Constituting New Application MPEP 2139 Later-Filed Application Must Reference Prior Copending Application MPEP 1504.20 Required Specific Reference to Prior Application Must Be in ADS for Filing On or After September 16, 2012 MPEP 1504.20 Required Specific Reference to Prior Application Required in First Sentence for Pre-2012 Filings MPEP 1504.20 Required Claiming Benefit of Earlier Filing Date MPEP 201.08 Prior-Filed Application Must Name Inventors of Later-Filed Application MPEP 1504.20 Required Benefit Under 35 U.S.C. 386(c) for Design Applications MPEP 1481.03 Other Related FAQs 5 FAQs Collapse How does national stage entry affect the appl...