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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Requirement for Invoking Prior Art Exception under 35 U.S.C. 102(b)(2)(C) MPEP 717.02(a) Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Sufficient to Invoke Prior Art Exception for Common Ownership MPEP 717.02(a) JRA Not Basis for Prior Art Exception MPEP 717.02(a) Affidavit for Disclosure Not Prior Art MPEP 717 Requirement for Common Ownership of Prior Art Disclosure MPEP 717.02(a) Required Obvious Variant Not Prior Art Under JRA MPEP 717.02(a) Requirement for Applications Subject to FITF Provisions MPEP 2154 Other Related FAQs 5 FAQs Collapse How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications? Can the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively? What are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? How can an applicant show common ownership to invoke the prior art exception? What is the significance of the effective filing date in invoking the prior art exception?