How does the AIA FITF system affect the prior-filed application requirements?
How does the AIA FITF system affect the prior-filed application requirements?
The America Invents Act (AIA) First Inventor to File (FITF) system has introduced some changes to the prior-filed application requirements. The MPEP explains:
“AIA 35 U.S.C. 120, 121, 365(c), and 386(c) require that the prior-filed application to which benefit is claimed must name the inventor or a joint inventor named in the later-filed application as the inventor or a joint inventor.”
Key points to note:
- The prior application must name at least one common inventor with the later-filed application.
- This requirement applies to applications filed on or after September 16, 2012.
- For applications filed before this date, the prior application must name the inventor(s) named in the later-filed application.
These changes ensure that the benefit claim aligns with the FITF system’s focus on the first inventor to file. For more information, refer to MPEP 211.01 and USPTO AIA FITF Guidance.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure