What is the significance of March 16, 2013 in patent law?
March 16, 2013 is a crucial date in patent law due to the implementation of the America Invents Act (AIA). This date determines which version of 35 U.S.C. 102 and 103 applies to a patent application. As stated in MPEP 2159.03:
“Even if AIA 35 U.S.C. 102 and 103 apply to a patent application, pre-AIA 35 U.S.C. 102(g) also applies to every claim in the application if it: (1) contains or contained at any time a claimed invention having an effective filing date as defined in 35 U.S.C. 100(i) that occurs before March 16, 2013; or (2) is ever designated as a continuation, divisional, or continuation-in-part of an application that contains or contained at any time such a claim.”
This means that applications with claims having effective filing dates both before and after March 16, 2013, may be subject to both AIA and pre-AIA provisions, requiring careful analysis to determine patentability.
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