How does the effective filing date affect the application of pre-AIA 35 U.S.C. 102?

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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 effective filing date of a claimed invention is crucial in determining whether to apply pre-AIA 35 U.S.C. 102. MPEP 2139.02 states: “If the application is subject to pre-AIA 35 U.S.C. 102, examiners should continue to apply 35 U.S.C. 102(a), (b), or (e) in the alternative, indicating that either pre-AIA 35 U.S.C. 102(a), (b), or (e) would preclude patentability.” This means that for applications with an effective filing date before March 16, 2013, or those that claim priority to such an application, pre-AIA 35 U.S.C. 102 applies. In these cases, examiners must consider the specific subsections (a), (b), or (e) of pre-AIA 35 U.S.C. 102 when evaluating prior art and determining patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-AIA Reference Must Predate Filing Date and Not Be Inventor’s Work MPEP 2139.02 Prohibited Invention Disclosure Before Filing Date MPEP 2139.02 Recommended PCT Filing Date Determines Pre-AIPA Prior Art MPEP 2139.02 Permitted Consider Pre-AIA 102(a) Even If Prior Art Under 102(e) MPEP 2139.02 Recommended Requirement for Rejecting Public Use Over One Year Before Filing MPEP 2139.02 Recommended Publication of International Application as Earliest Prior Art Date MPEP 2139.02 Permitted Mere Public Knowledge Does Not Invalidate Under 102(b) MPEP 2139.02 Permitted Application Filed Before March 16, 2013, Is Pre-AIA MPEP 2139 Disqualified Prior Art Under Common Ownership MPEP 2139.02 Invention Activity by Non-Inventor Entities MPEP 2139.02 Permitted Other Related FAQs 5 FAQs Collapse How does the AIA&#8217;s first-inventor-to-file system affect the application of 35 U.S.C. 102? What is the significance of the America Invents Act ...