What determines if an application is subject to pre-AIA or AIA patent laws?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 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 determining factor for whether an application is subject to pre-AIA or AIA patent laws is its filing date. Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103 . As stated in MPEP 2159.01 : “The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013. Thus, any application filed before March 16, 2013, is governed by pre-AIA 35 U.S.C. 102 and 103 (i.e., the application is a pre-AIA first to invent application).” This means that the filing date is crucial in determining which set of laws applies to a patent application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse PCT Applications Filed Before March 16, 2013 Subject to Pre-AIA Standards MPEP 2159.01 Determining Effective Filing Date for AIA Provisions MPEP 2159 Pre-AIA Rules Apply to Pre-March 16, 2013 Applications MPEP 2159.01 Continued Examination Request Does Not Change Pre-AIA Status MPEP 2159.01 Claims to New Matter Rejected Under Pre-AIA 112 MPEP 2159.01 Continued Examination Not New Application MPEP 2159.01 Request for International Application File Copies Must Include Publication and Designation of U.S. MPEP 110 Required PCT Application Filing Prohibits U.S. Nonpublication Request MPEP 1122 Determine Reference’s Pre-AIA or Pre-AIPA 35 U.S.C. 102(e) Date MPEP 1504.02 Determine Pre-AIA and AIPA 35 U.S.C. 102(e) Dates for Rejection MPEP 1504.03 Other Related FAQs 5 FAQs Collapse Can adding new claims after March 16, 2013, make AIA laws applicable to a pre-AIA application? What happens if new matter is added to a pre-AIA application after March 16, 2013? How does the entry into the national stage affect the applicable pat...