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

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).

To learn more:

• AIA
• first inventor to file
• patent examination
• MPEP applicability