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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Determining Effective Filing Date for AIA Provisions MPEP 2159 Timely SIR Requests Before March 16, 2013 MPEP 1101 SIR Requests Before March 16, 2013 Follow Pre-AIA Rules MPEP 1101 Permitted Petition for Application File Access Must Be Filed MPEP 103 Permitted Components Required for Patent Application Publication MPEP 1121 Reissue After September 16, 2012 MPEP 1401 Statutory Invention Registration Post-AIA Effective Dates MPEP 1101 Petition for Oath/Declaration Without Joint Inventor’s Signature Pre-AIA MPEP 1002.02(b) Prior Filed Nonprovisional Application Benefit Not Published Before September 16, 2012 MPEP 1130 Notice of Allowance Not Withheld Due to Inventor Death If Executor or Administrator Has Not Intervened MPEP 1303.03 Other Related FAQs 5 FAQs Collapse What are the key changes to 35 U.S.C. 102 and 103 introduced by the Leahy-Smith America Invents Act (AIA)? How doe...