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