What are the key changes to 35 U.S.C. 102 and 103 introduced by the Leahy-Smith America Invents Act (AIA)?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Other Related FAQs 5 FAQs Collapse How do I determine if my patent application is subject to pre-AIA or AIA provisions? How does submitting new matter after March 16, 2013, affect an application&#8217;s pre-AIA status? How are PCT applications treated under the AIA provisions? When do pre-AIA 35 U.S.C. 102 and 103 apply to applications filed on or after March 16, 2013? Does filing a request for continued examination (RCE) affect the application of AIA provisions?