What are the main differences between AIA and pre-AIA patent laws?

The America Invents Act (AIA) introduced significant changes to U.S. patent law. While MPEP 2159 focuses on the applicability of these changes, it’s important to understand the main differences between AIA and pre-AIA laws:

1. First-Inventor-to-File vs. First-to-Invent: AIA introduced the first-inventor-to-file system, replacing the pre-AIA first-to-invent system.
2. Prior Art: AIA expanded the definition of prior art under 35 U.S.C. 102, including more foreign patents and publications as prior art.
3. Grace Period: AIA modified the one-year grace period for disclosures made by the inventor.
4. Post-Grant Proceedings: AIA introduced new post-grant review procedures.
5. Prior User Rights: AIA expanded prior user rights as a defense against patent infringement.

MPEP 2159 emphasizes the importance of determining which law applies:

“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.”

Understanding these differences is crucial for patent applicants and practitioners in developing effective patent strategies.

To learn more:

• AIA vs Pre-AIA
• Patent Law Changes
• First-Inventor-to-File
• Prior Art
• Grace Period