What is the significance of the America Invents Act (AIA) in relation to pre-AIA 35 U.S.C. 102(b)?
What is the significance of the America Invents Act (AIA) in relation to pre-AIA 35 U.S.C. 102(b)?
The America Invents Act (AIA) brought significant changes to U.S. patent law, particularly in relation to prior art and the determination of patentability. The MPEP section on pre-AIA 35 U.S.C. 102(b) begins with an important note:
“[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).”
This means that the rules discussed in this section, including the one-year grace period and the types of prior art that can bar patentability, only apply to patent applications filed before March 16, 2013, or those that do not contain any claims with an effective filing date on or after March 16, 2013.
For applications subject to the AIA, different rules apply. The MPEP directs readers to:
- MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions
- MPEP § 2150 et seq. for examination of applications subject to those provisions
- MPEP § 2152 et seq. for a detailed discussion of AIA 35 U.S.C. 102(a) and (b)
Understanding whether a patent application falls under pre-AIA or AIA rules is crucial for determining how to assess prior art and patentability criteria.
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