How does the MPEP 2152.04 apply to first inventor to file (FITF) provisions?

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.

MPEP 2152.04 specifically addresses the meaning of “disclosure” in the context of the first inventor to file (FITF) provisions of the AIA. The section begins with an important note:

“[Editor Note: This MPEP section is only 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). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131 – MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]“

This means that the interpretation of “disclosure” discussed in MPEP 2152.04 applies specifically to patent applications examined under the FITF system. For applications filed before March 16, 2013, or those that do not contain claims entitled to a priority date on or after March 16, 2013, different rules may apply.