What is the applicability of MPEP 715.01(b) to AIA applications?

MPEP 715.01(b) has limited applicability to applications subject to the America Invents Act (AIA). The section begins with an important editor’s note:

This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g).

This means that for most AIA applications, the provisions discussed in MPEP 715.01(b) do not apply. However, there are exceptions:

• It may be applicable when overcoming a pre-AIA 35 U.S.C. 102(g) rejection.
• For AIA applications, different rules apply, as noted: For applications subject to current 35 U.S.C. 102, see MPEP § 2154.02(c).

It’s crucial for patent professionals to understand which rules apply based on the filing date and status of their application.

To learn more:

• AIA
• first inventor to file
• pre-AIA 35 U.S.C. 102(g)
• MPEP 715.01(b)

To learn more:

• pre-AIA 35 U.S.C. 102(g)
• MPEP 715.01(b)