What are the key changes to 35 U.S.C. 102 and 103 introduced by the Leahy-Smith America Invents Act (AIA)?
The Leahy-Smith America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the standard to determine what prior art is available during examination of an application. As stated in the MPEP, “The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013.” This means that the AIA introduced a new system for determining prior art, which is applicable to patent applications filed on or after March 16, 2013.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2150 - Examination Guidelines For 35 U.S.C. 102 And 103 As Amended By The First Inventor To File Provisions Of The Leahy - Smith America Invents Act,
Patent Law,
Patent Procedure