How does the AIA affect the consideration of prior art timing?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The America Invents Act (AIA) has changed the relevant timing for considering prior art in patent examination. The MPEP 2141.02 notes: “For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is ‘before the effective filing date of the claimed invention’. For applications subject to pre-AIA 35 U.S.C. 102, the relevant time is ‘at the time of the invention’.” This change means that for AIA applications, prior art is considered based on the effective filing date of the claimed invention, rather than the date of invention. This shift to a “first-to-file” system aligns U.S. patent law more closely with international practices. Inventors and patent practitioners must be aware of this change when considering prior art and filing strategies. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Differences Between Prior Art and Claimed Invention MPEP 2141.02 Gap Between Prior Art and Claimed Invention Must Be Reasonable MPEP 2141 Prohibited First Inventor to File Provision Before Effective Filing Date MPEP 2141.02 Requirement for Effective Filing Date Before Invention MPEP 2141 Differences Between Claimed Invention and Prior Art Must Be Non-Obvious MPEP 2141 Prohibited Time of Invention for AIA Patents MPEP 2141 Permitted Prior Art Must Be Evaluated Entirely MPEP 2141.02 Required Differences Between Claimed Invention and Prior Art Must Be Considered MPEP 2141.02 Recommended Relevant Time for Pre-AIA Inventions MPEP 2141.02 Relevant Time for Pre-AIA Inventions MPEP 2141 Other Related FAQs 5 FAQs Collapse How should the differences between prior art and claimed invention be assessed? How should prior art be considered in patent ex...