How does the AIA FITF system affect the prior-filed application requirements?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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) 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 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Later Application Must Name Inventors Named in Prior Application MPEP 211 Required Later-Filed Application Must Reference Prior Filing MPEP 211 Required Requirement for Prior Application to Have Filing Date MPEP 211 Required Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Requirement for International Applications Filed Before Nov 29, 2000 MPEP 211 Relationship of Later-Filed Application Must Be Identified MPEP 211 Required Earlier Application Must Fully Disclose Invention MPEP 211 Required Reference to Prior Application Required in Nonprovisional MPEP 211 Required Application Not Entitled to Prior Filed Application Due to Missing Filing Fee MPEP 211.01 Permitted Specification Must Contain P...