How does MPEP 715.01(c) apply to AIA applications?

MPEP 715.01(c) is primarily focused on pre-AIA applications. The section begins with an important note:

[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). See 35 U.S.C. 100 (note) and MPEP § 2159.]

For applications subject to AIA provisions, the MPEP provides different guidance:

• For affidavits or declarations of attribution or prior public disclosure in AIA applications, refer to MPEP § 717.
• For affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718.
• For applications subject to current 35 U.S.C. 102, see MPEP §§ 2153 and 2154.

It’s crucial for patent attorneys and examiners to determine whether an application is subject to pre-AIA or AIA provisions before applying the guidance in MPEP 715.01(c).

To learn more:

• AIA
• Pre-AIA
• MPEP 715.01(c)
• First Inventor to File

To learn more:

• MPEP 715.01(c)