How does MPEP 715.05 apply to applications subject to the AIA?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. MPEP 715.05 has limited applicability to applications subject to the America Invents Act (AIA). The section specifically states: “[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).” For applications subject to AIA, different rules apply. The MPEP directs readers to other sections for guidance: For a discussion of 37 CFR 1.130, see MPEP § 717 For affidavits or declarations under 37 CFR 1.131(c), see MPEP § 718 It’s crucial for patent practitioners to determine whether an application is subject to AIA or pre-AIA rules to apply the correct procedures. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement Not Applicable to First Inventor to File Provisions MPEP 715 Affidavits or Declarations for AIA First Inventor to File MPEP 715.05 Not Applicable to FITF Applications MPEP 718 Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 Requirement for Affidavits Under 37 CFR 1.131(c) MPEP 715.05 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Affidavits Under 37 CFR 1.131(c) MPEP 715 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Other Related FAQs 5 FAQs Collapse What is the role of terminal disclaimers in overcoming rejections under MPEP 715.05? How does MPEP 715.05 address rejections under pre-AIA 35 U.S.C. 135(b)? What is the significance of the one-year time frame in MPEP 715.05? What is the significance of &#8216;interfering ...