How does pre-AIA 35 U.S.C. 102(g) apply to applications filed after March 16, 2013?
Pre-AIA 35 U.S.C. 102(g) can still apply to applications filed after March 16, 2013, under certain conditions. According to MPEP 2159.03:
“Pre-AIA 35 U.S.C. 102(g) also applies to any patent resulting from an application to which pre-AIA 35 U.S.C. 102(g) applied.”
This means that if an application contains or contained at any time a claim with an effective filing date before March 16, 2013, pre-AIA 35 U.S.C. 102(g) will apply to all claims in that application, even if some claims have later effective filing dates. This provision ensures that inventorship disputes can still be resolved using the pre-AIA first-to-invent system for applications that bridge the transition to the AIA.
To learn more:
Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.03 - Applications Subject To The Aia But Also Containing A Claimed Invention Having An Effective Filing Date Before March 16,
Patent Law,
Patent Procedure