What is the First Inventor to File (FITF) provision?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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 First Inventor to File (FITF) provision is a key component of the America Invents Act (AIA) that changed the U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system. This provision applies to certain patent applications filed on or after March 16, 2013. The MPEP section 2153 notes: [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).] To determine if an application is subject to FITF provisions, you should refer to MPEP § 2159 et seq . For applications not subject to FITF, refer to MPEP § 2131 – MPEP § 2138 for examination under pre-AIA 35 U.S.C. 102. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Subject Matter for AIA 102(b)(1)(B) and 102(b)(2)(B) MPEP 2153.02 Same Subject Matter for AIA 102(b)(1)(B) and 102(b)(2)(B) MPEP 2154.02(b) Exceptions for Grace Period Inventor-Disclosed Prior Art MPEP 2153 Application Subject to FITF Provisions Must Be Examined Under AIA Rules MPEP 2153 Documents in Same Box Are Related Stages of Invention MPEP 901.05 Heading for Claim Rejections under 35 U.S.C. 102(a)(2) MPEP 1205.02 Required Requirement for Document Qualifying as Prior Art Under 35 U.S.C. 102(a)(2) MPEP 1504.03 Invention Must Not Be Anticipated by Prior Art MPEP 2131 Permitted Requirement for Reissue Applications Subject to AIA MPEP 1449.03 Separate Claim Arguments Required MPEP 1205.02 Required Other Related FAQs 5 FAQs Collapse How do AIA 35 U.S.C. 102(b)(1) exceptions affect international patent applications? What is the significance of the &#8220;effective filing date&#8221; in AIA 35 U.S.C. 1...