What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?

What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?

The effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C) is important to understand. According to the MPEP 717.02(a):

“The effective date of the CREATE Act provisions of the AIA is September 16, 2012.”

This means that the prior art exception can be invoked for any application filed on or after September 16, 2012. For applications filed before this date, different rules may apply.

To learn more:

• prior art exception
• effective date
• CREATE Act
• AIA