What is the main difference between AIA 35 U.S.C. 103 and pre-AIA 35 U.S.C. 103?

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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 most significant difference between AIA 35 U.S.C. 103 and pre-AIA 35 U.S.C. 103(a) is the timing of the obviousness determination. As stated in the MPEP: “ AIA 35 U.S.C. 103 determines obviousness before the effective filing date of the claimed invention, rather than as of the time that the claimed invention was made. “ This change primarily affects cases where there is evidence of an invention date prior to the effective filing date, which is typically presented through an affidavit or declaration under 37 CFR 1.131. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Obviousness Determined Before Effective Filing Date Under AIA 35 U.S.C. 103 MPEP 2158 Office Uses Effective Filing Date as Proxy for Invention Date Under Pre-AIA Practice MPEP 2158 Difference in Claim Language for AIA and Pre-AIA 103 MPEP 2158 Exceptions to Prior Art Under AIA 35 U.S.C. 102 MPEP 2158 Common Ownership, Assignment Obligation, or Joint Research Agreement Must Exist on Effective Filing Date MPEP 2158 Required Nonobviousness Requirement for Patentability MPEP 2158 Definition of Prior Art for Novelty and Obviousness Under AIA MPEP 2158 First Inventor to File Provisions Under AIA MPEP 2158 Important Changes from Pre-AIA for Nonobviousness Requirement MPEP 2158 No Difference in Obviousness Analysis Despite Terminology Change MPEP 2158 Other Related FAQs 5 FAQs Collapse What changes did AIA 35 U.S.C. 103 make to pre-AIA 35 U.S.C. 103(b) and 103(c)? How does AIA 35 U.S.C. 103 treat commonly owned prior art? How does AIA 35 U.S.C. 103 affect the determination of obviousness? How does AIA 35 U.S.C. 103 define prior art for obviousness determinations? What is the impact of AIA 35 U.S.C. 103 on...