What is the effective date for the changes made by the CREATE Act?
The CREATE Act has a specific effective date for its changes to pre-AIA 35 U.S.C. 103(c). According to the MPEP:
“The effective date provision of the CREATE Act provided that its amendments shall apply to any patent (including any reissue patent) granted on or after December 10, 2004, except those patents subject to the current 35 U.S.C. 102 and 103.”
This means that the CREATE Act amendments to pre-AIA 35 U.S.C. 103(c) apply to patents granted on or after December 10, 2004, unless they are subject to the current (AIA) versions of 35 U.S.C. 102 and 103. It’s important to note that the effective date is based on the grant date of the patent, not the filing date of the application.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2146.01 - Prior Art Disqualification Under Pre - Aia 35 U.S.C. 103(C),
Patent Law,
Patent Procedure