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

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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 AIA 35 U.S.C. 102(b)(2)(C) exception became effective on March 16, 2013. This exception applies to any patent, patent application publication, or WIPO published application that names another inventor and was effectively filed before the effective filing date of the claimed invention, where the subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention. As stated in MPEP 717.02 : The provision of 35 U.S.C. 102(b)(2)(C) applies to applications filed on or after March 16, 2013 and to patents issuing thereon. It’s important to note that this exception is part of the broader changes introduced by the America Invents Act (AIA) and its implementation date coincides with the transition to the first-inventor-to-file system. 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 Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Prior Art Exception for Commonly Owned Subject Matter MPEP 717.02 Effective Filing Date for Invention MPEP 717.02 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Disclosure Not Prior Art if Commonly Owned MPEP 717.02 Prohibited Subject Matter Developed by Joint Research Agreement MPEP 717.02 Required Affidavit for Disclosure Not Prior Art MPEP 717 Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Other Related FAQs 5 FAQs Collapse How does the AIA 35 U.S.C. 102(b)(2)(C) exception apply to joint research agreements? What is the relationship between AIA...