How does the AIA First Inventor to File system affect priority claims?

How does the AIA First Inventor to File system affect priority claims?

The America Invents Act (AIA) introduced the First Inventor to File (FITF) system, which has significant implications for priority claims. Under the AIA:

• Applications filed on or after March 16, 2013, are subject to the FITF provisions.
• Priority claims can still be made to earlier applications, but the effective filing date is crucial for determining prior art.
• The effective filing date is the earlier of:
  1. The actual filing date of the application, or
  2. The filing date of the earliest application for which benefit or priority is claimed and which describes the subject matter.

As stated in MPEP 210: “The AIA provides that the right of priority and the benefit of an earlier filing date are available to a claim only if that claim is supported by the prior-filed application to which priority or benefit is claimed.”

This means that each claim in a later-filed application must be fully supported by the prior-filed application to receive its priority date. Applicants must carefully consider the content of their priority applications when making claims in subsequent filings.

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

For more information on first inventor to file, visit: first inventor to file.