How does the AIA first-inventor-to-file system affect prior art determinations?

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) introduced the first-inventor-to-file system, which significantly impacts prior art determinations. The MPEP section 2152.05 is specifically applicable to this system, as noted:

“[This MPEP section] is only applicable to applications subject to examination under the first inventor to file provisions of the AIA as explained in 35 U.S.C. 100 (note) and MPEP § 2159.”

Key changes under the AIA system include:

• The effective filing date of the claimed invention is crucial for determining what qualifies as prior art
• Public disclosures anywhere in the world can be prior art under 35 U.S.C. 102(a)(1)
• The one-year grace period under 35 U.S.C. 102(b)(1) provides limited exceptions for inventor disclosures
• Patent applications can be prior art as of their earlier effective filing date under 35 U.S.C. 102(a)(2)

These changes require careful consideration of dates and the nature of disclosures when determining what constitutes prior art in patent examination.