What determines if an application is subject to AIA 35 U.S.C. 102 and 103?
An application is subject to AIA 35 U.S.C. 102 and 103 if it:
- Contains or contained at any time a claim to a claimed invention with an effective filing date on or after March 16, 2013, or
- Claims or ever claimed the benefit of an earlier filing date under 35 U.S.C. 120, 121, or 365 based on an earlier application that ever contained such a claim.
As stated in MPEP 2159.02:
“If there is ever even a single claim to a claimed invention in the application having an effective filing date on or after March 16, 2013, AIA 35 U.S.C. 102 and 103 apply in determining the patentability of every claimed invention in the application.“
This applies even if the claim is later canceled or if other claims have earlier effective filing dates.
To learn more:
Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.02 - Applications Filed On Or After March 16,
Patent Law,
Patent Procedure