What is the effective date for WIPO published applications to be considered prior art under AIA?
The effective date for WIPO published applications to be considered prior art under the AIA is linked to the implementation of the first inventor to file (FITF) provisions. The MPEP section begins with an important note:
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131 – MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
This means that WIPO published applications are treated as prior art under AIA 35 U.S.C. 102(a)(2) for patent applications filed on or after March 16, 2013, which is the effective date of the AIA’s FITF provisions. For applications filed before this date, the pre-AIA rules apply.
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