What is the difference between AIA and pre-AIA patent laws regarding prior art?

The America Invents Act (AIA) significantly changed the definition and scope of prior art compared to pre-AIA laws. Key differences include:

  • AIA uses a first-inventor-to-file system, while pre-AIA used a first-to-invent system
  • AIA expands the geographical scope of prior art
  • AIA eliminates the one-year grace period for public use and on-sale activities outside the U.S.

The MPEP distinguishes between AIA and pre-AIA applications: This form paragraph should only be used in an application filed on or after March 16, 2013, where the claims are being examined under 35 U.S.C. 102/103 as amended by the Leahy-Smith America Invents Act.

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Tags: AIA, first-inventor-to-file, first-to-invent, prior art