What is the impact of the AIA on design patent anticipation?
The America Invents Act (AIA) significantly changed the prior art provisions for design patent applications. For applications filed on or after March 16, 2013, the AIA’s first-inventor-to-file system applies. The MPEP provides specific form paragraphs for AIA applications, such as: The claim is rejected under 35 U.S.C. 102(a)(1) as being anticipated by [1] because the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
This change affects how examiners assess novelty and what constitutes prior art for design patent applications.
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