How does the AIA FITF system affect priority claims in patent applications?

How does the AIA FITF system affect priority claims in patent applications?

The America Invents Act (AIA) First-Inventor-to-File (FITF) system, which went into effect on March 16, 2013, significantly impacted how priority is determined for patent applications. According to MPEP 210:

The AIA converted the U.S. patent system from a ‘first to invent’ system to a ‘first inventor to file’ system. Specifically, the changes to 35 U.S.C. 102 and 103 in the AIA apply to any patent application subject to the first inventor to file provisions of the AIA.

Key effects of the AIA FITF system on priority claims include:

• The effective filing date of a claimed invention is crucial for determining prior art.
• Applications filed on or after March 16, 2013, are subject to FITF provisions.
• Transitional applications (those with claims to pre-AIA and post-AIA effective filing dates) may be subject to both systems.
• Priority claims must be carefully evaluated to determine which system applies to each claim.

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

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

For more information on FITF, visit: FITF.