What is the significance of March 16, 2013, in patent law?
March 16, 2013, is a critical date in U.S. patent law as it marks the implementation of significant changes brought about by the America Invents Act (AIA). The MPEP 2159 states:
“Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.”
The significance of March 16, 2013, includes:
- It’s the cutoff date for applying AIA or pre-AIA laws to patent applications.
- Applications with an effective filing date on or after this date are subject to AIA provisions.
- It marks the transition from the “first-to-invent” system to the “first-inventor-to-file” system.
- Changes in how prior art is defined and applied took effect on this date.
Understanding this date is crucial for patent applicants, attorneys, and examiners in determining which set of laws applies to a given application.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2159 - Applicability Date Provisions And Determining Whether An Application Is Subject To The First Inventor To File Provisions Of The Aia,
Patent Law,
Patent Procedure