What is the significance of March 16, 2013 in patent law?

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.

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.