What are the Applicability Date Provisions for the First Inventor To File System?
The Applicability Date Provisions for the First Inventor To File System are outlined in MPEP 2159. These provisions determine whether an application is subject to the America Invents Act (AIA) or pre-AIA laws.
According to MPEP 2159:
“Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.”
This means that the applicability of AIA or pre-AIA laws depends on the effective filing date of the claimed invention, with March 16, 2013, serving as the crucial cutoff date.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2159 - Applicability Date Provisions And Determining Whether An Application Is Subject To The First Inventor To File Provisions Of The Aia,
Patent Law,
Patent Procedure