How does the America Invents Act (AIA) affect the interpretation of commercial exploitation?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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) has introduced changes to how commercial exploitation is interpreted in patent law. The MPEP notes: “This MPEP section may be applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).” For applications subject to AIA provisions, examiners are directed to refer to MPEP § 2159 et seq. to determine applicability and MPEP § 2150 et seq. for examination guidance. Additionally, MPEP § 2152.02(c) through (e) provide detailed discussions on public use and on-sale provisions under AIA 35 U.S.C. 102. These changes may affect how commercial exploitation is evaluated in the context of prior art and the on-sale bar, particularly with the shift to a first-inventor-to-file system. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Changes to Prior Art Under AIA 35 U.S.C. 102 MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 First Inventor to File Provision Examination MPEP 2152 Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Exceptions to Prior Art Under AIA 102(b) MPEP 2152 Prohibited Public Use or Sale Abroad Counts as Prior Art Under AIA MPEP 2152 Categories of Prior Art Documents and Activities MPEP 2152 Prior Art Categories for Rejection Under AIA 102(a)(1) MPEP 2152 Permitted U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect the interpretation of experimental use? How does the AIA affect experimental use considerations? How does the AI...