What changed for patent applications filed on or after September 16, 2012?
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include:
- Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system
- New procedures for challenging patents at the USPTO
- Expanded definition of prior art
- Changes to inventor oath and declaration requirements
For applications filed on or after September 16, 2012, different rules and procedures apply regarding the representation of applicants and the handling of situations that might have previously fallen under the irreparable damage provisions.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure