What statement is required for transition applications under 37 CFR 1.55 and 1.78?

For transition applications, 37 CFR 1.55 and 1.78 require a statement if:

  • The application contains or contained a claim with an effective filing date on or after March 16, 2013
  • The statement must be provided within specified time limits

The MPEP notes: “The statement provisions of 37 CFR 1.55 and 1.78 require that if the later-filed transition application contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March 16, 2013, the applicant must provide a statement to that effect.” (MPEP 210)

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, Patent Law, Patent Procedure
Tags: 37 CFR 1.55, 37 CFR 1.78, AIA statement, transition applications