What applications are subject to MPEP 2155.04?

Question

Accepted Answer

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. MPEP 2155.04 is specifically applicable to patent applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). The section begins with an editor’s note that states: “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).” To determine if an application falls under these provisions, refer to MPEP § 2159 et seq . For applications not subject to FITF provisions, examiners should refer to MPEP § 2131 – MPEP § 2138 for guidance on examining applications subject to pre-AIA 35 U.S.C. 102. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patents With Pre-AIA and Post-AIA Claims Subject to AIA Requirements MPEP 2138 Written Description Must Describe Invention Completely MPEP 2155.04 Key Changes Under AIA for Pre-AIA and Post-AIA Claims MPEP 2138.06 Invention Must Not Be Anticipated by Prior Art MPEP 2131 Permitted Claim Must Be Anticipated Broadly MPEP 2131 Required Claim Must Be Anticipated Over Prior Art MPEP 2131 Claim Must Be Fully Anticipated By Single Reference MPEP 2131 Claim Must Be Fully Disclosed In One Reference MPEP 2131 Claim Covers Multiple Structures Anticipated If Any Known MPEP 2131 Claim Must Be Fully Described MPEP 2131 Required Other Related FAQs 5 FAQs Collapse What is the purpose of an affidavit or declaration under 37 CFR 1.130? Does an affidavit under 37 CFR 1.130 need to demonstrate enablement? What are the two main scenarios covered by 37 CFR 1.130 affidavits? How does the first inventor to file (FITF) provision affect prior art considerations? What is the First Invent...