How does one make a timely election to proceed under pre-AIA 35 U.S.C. 103(b)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Making a timely election to proceed under pre-AIA 35 U.S.C. 103(b) is crucial for applicants seeking to benefit from this provision. The MPEP provides guidance on what is considered timely: An election will normally be considered timely if it is made no later than the earlier of either the payment of the issue fee or the filing of an appeal brief in an application which contains a composition of matter claim which has not been rejected under pre-AIA 35 U.S.C. 102 or 103. The election process involves: Submitting a petition under 37 CFR 1.182 Establishing that all requirements of pre-AIA 35 U.S.C. 103(b) are satisfied In some cases, submitting an amendment to enter process claims corresponding to the composition of matter claim It’s important to note that there are special provisions for applications pending on or after November 1, 1995, where the issue fee was paid prior to March 26, 1996. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Entry of Process Claims Corresponding to Composition of Matter Claim Permitted MPEP 2147 Permitted Pre-AIA 35 U.S.C. 103(b) Applies to Biotechnological Processes Only MPEP 2147 Timely Election Required for Pre-AIA 103(b) MPEP 2147 Petition Required for Pre-AIA 103(b) Election MPEP 2147 Required Election Requirement for Process Claims Under Pre-AIA 35 U.S.C. 103(b) MPEP 2147 Permitted Nonobvious Biotechnological Compositions in Process Claims Not Rejected Under Pre-AIA 103(a) MPEP 2147 Petition Must Establish Pre-AIA 103(b) Requirements MPEP 2147 Required Requirement for Biotechnological Process and Composition of Matter MPEP 2147 Applications Subject to Pre-AIA 102 Must Follow Pre-AIA 103(b) MPEP 2147 Rarely Rely on Pre-AIA 103(b...