What is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception?

What is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception?

The AIA 35 U.S.C. 102(b)(2)(C) exception applies to patent applications and patents subject to AIA 35 U.S.C. 102 and 103. According to MPEP 717.02:

‘The date of this change in practice is the date of the enactment of the AIA, September 16, 2012.’

This means that the exception is applicable to:

• Applications filed on or after March 16, 2013
• Applications filed before March 16, 2013, that have a priority or effective filing date on or after March 16, 2013

It’s important to note that the actual ownership or joint research agreement must be in place on or before the effective filing date of the claimed invention for the exception to apply.

To learn more:

• AIA
• 35 U.S.C. 102(b)(2)(C)
• effective date
• prior art exception

To learn more:

• 35 U.S.C. 102(b)(2)(C)