When do pre-AIA 35 U.S.C. 102 and 103 apply to applications filed on or after March 16, 2013?
Pre-AIA 35 U.S.C. 102 and 103 can still apply to applications filed on or after March 16, 2013, under specific circumstances. The MPEP states:
“Applications filed on or after March 16, 2013 are also subject to pre-AIA 35 U.S.C. 102 if the application has never contained a claim with an effective filing date on or after March 16, 2013 and has never claimed the benefit of an application that ever contained such a claim.“
This means that even if an application is filed after March 16, 2013, it may still be subject to pre-AIA provisions if it does not contain any claims with an effective filing date on or after March 16, 2013, and does not claim benefit from any application that contained such claims. For more details on determining the effective filing date, refer to MPEP § 2152.
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