Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
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