How do I determine if my patent application is subject to pre-AIA or AIA provisions?

To determine whether your application is subject to pre-AIA or AIA provisions, consider the following guidelines from the MPEP:

  • Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103.
  • Applications filed on or after March 16, 2013, are subject to AIA provisions, unless they have never contained a claim with an effective filing date on or after March 16, 2013, and have never claimed the benefit of an application that contained such a claim.

The MPEP states: “Thus, any application filed before March 16, 2013, is governed by pre-AIA 35 U.S.C. 102 and 103 (i.e., the application is a pre-AIA (first to invent) application (hereinafter “pre-AIA application”)).” For more detailed guidance, refer to MPEP § 2159 et seq.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2150 - Examination Guidelines For 35 U.S.C. 102 And 103 As Amended By The First Inventor To File Provisions Of The Leahy - Smith America Invents Act, Patent Law, Patent Procedure
Tags: 35 u.s.c. 102, 35 u.s.c. 103, AIA, effective filing date