How does the effective filing date affect the application of AIA provisions?
The effective filing date plays a crucial role in determining whether the AIA (America Invents Act) provisions or pre-AIA laws apply to a patent application. According to MPEP 2159:
“Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.”
This means:
- If the effective filing date is on or after March 16, 2013, the AIA provisions apply.
- If the effective filing date is before March 16, 2013, the pre-AIA laws apply.
The effective filing date determines which set of laws (AIA or pre-AIA) will be used to examine the application, particularly regarding novelty (35 U.S.C. 102) and non-obviousness (35 U.S.C. 103) requirements.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2159 - Applicability Date Provisions And Determining Whether An Application Is Subject To The First Inventor To File Provisions Of The Aia,
Patent Law,
Patent Procedure