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

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.

To learn more:

• AIA
• first-inventor-to-file
• patent application
• MPEP 715.05

To learn more:

• MPEP 715.05