What is the difference between AIA and pre-AIA patent laws regarding prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
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.