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.
A transition application under the America Invents Act (AIA) is:
- A nonprovisional application filed on or after March 16, 2013
- That claims foreign priority to, or domestic benefit of, an application filed before March 16, 2013
Transition applications can be either pre-AIA first-to-invent applications or AIA first-inventor-to-file applications, depending on the effective filing date of the claimed invention(s).
The MPEP states: “Transition applications are nonprovisional applications that: (A) are filed on or after March 16, 2013; and (B) claim foreign priority to, or domestic benefit of, an application filed before March 16, 2013. Transition applications are either pre-AIA first-to-invent applications or AIA first-inventor-to-file applications depending on the effective filing date of the claimed invention(s).”