Is MPEP 715.07(b) applicable to applications subject to the AIA first inventor to file provisions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. No, MPEP 715.07(b) is generally not applicable to applications subject to the America Invents Act (AIA) first inventor to file provisions. The MPEP section explicitly states: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g). For applications subject to AIA provisions, refer to MPEP § 717 for discussions on affidavits or declarations of attribution or prior public disclosure, and MPEP § 718 for affidavits or declarations under 37 CFR 1.131(c). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement Not Applicable to First Inventor to File Provisions MPEP 715 Not Applicable to FITF Applications MPEP 718 First Inventor to File Provisions Not Applicable MPEP 2136.05(b) Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 Affidavits for AIA Prior Public Disclosures Required MPEP 715.07(b) Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Affidavits Under 37 CFR 1.131(c) Requirement MPEP 715.07(b) Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Oath or Declaration Requirement for Prior Invention MPEP 718 Prohibited Other Related FAQs 5 FAQs Collapse What should be highlighted when using interference testimony to antedate a reference? Can interference testimony be used to antedate a reference? What is the legal basis for using interference testimony to antedate a reference? How does MPEP 715.01(c) apply to AIA applications? Is MPEP 715.01(d) applicable to AIA (America Invents Act) applications?