What is a transition application under the AIA?

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).”