How does the AIA affect priority claims for applications filed on or after March 16, 2013?

How does the AIA affect priority claims for applications filed on or after March 16, 2013?

The America Invents Act (AIA) significantly changed the U.S. patent system, particularly affecting priority claims for applications filed on or after March 16, 2013. According to MPEP 216:

“AIA 35 U.S.C. 100(i)(1)(B) provides that the effective filing date for a claimed invention in a patent or application for patent (other than a reissue application or reissued patent) is the filing date of the earliest application for which the patent or application is entitled to claim a right of foreign priority or domestic benefit.”

This change means that:

• The effective filing date can now include foreign priority dates, not just domestic benefit dates.
• The first-to-file system replaced the first-to-invent system for determining priority.
• Prior art is now determined based on the effective filing date, including foreign priority dates.

These changes have significant implications for inventors and patent practitioners in terms of strategy for filing applications and claiming priority, especially in a global context.

For more information on America Invents Act, visit: America Invents Act.

For more information on effective filing date, visit: effective filing date.

For more information on foreign priority, visit: foreign priority.