What is pre-AIA 35 U.S.C. 103(b) and when does it apply?

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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. Pre-AIA 35 U.S.C. 103(b) is a provision applicable to biotechnological processes. It precludes a rejection of process claims which involve the use or making of certain nonobvious biotechnological compositions of matter under pre-AIA 35 U.S.C. 103(a) . This provision is only applicable to applications subject to pre-AIA 35 U.S.C. 102. As stated in the MPEP: Only applications subject to pre-AIA 35 U.S.C. 102 are subject to pre-AIA 35 U.S.C. 103(b). It’s important to note that this section is not applicable to applications subject to examination under the first inventor to file provisions of the AIA. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Nonobvious Biotechnological Compositions in Process Claims Not Rejected Under Pre-AIA 103(a) MPEP 2147 Pre-AIA 35 U.S.C. 103(b) Applies to Biotechnological Processes Only MPEP 2147 Applications Subject to Pre-AIA 102 Must Follow Pre-AIA 103(b) MPEP 2147 Entry of Process Claims Corresponding to Composition of Matter Claim Permitted MPEP 2147 Permitted Requirement for Biotechnological Process and Composition of Matter MPEP 2147 Election Requirement for Process Claims Under Pre-AIA 35 U.S.C. 103(b) MPEP 2147 Permitted Timely Election Required for Pre-AIA 103(b) MPEP 2147 Petition Required for Pre-AIA 103(b) Election MPEP 2147 Required Petition Must Establish Pre-AIA 103(b) Requirements MPEP 2147 Required Rarely Rely on Pre-AIA 103(b) MPEP 2147 Recommended Other Related FAQs 5 FAQs Collapse What is considered a &#8220;biotechnological process&#8221; under pre-AIA 35 U.S.C. 103(b)? What happens if a patent is granted without an election under pre-AIA 35 U.S.C. 103(b)? How has the Federal Circuit&#8217;s decisions in Ochiai and...