MPEP Q & A 78: AIA and Applications Filed Before March 16, 2013

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Question:

Do the changes to 35 U.S.C. 102 and 103 in the AIA apply to applications filed before March 16, 2013?

Answer:

No, the changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013.

Chapter Details:

The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers patentability.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2159.01 of the MPEP.  The following is a brief summary of section 2159.01.

2159.01   Applications Filed Before March 16, 2013

This section states again that the changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any application filed before March 16, 2013. Even if a request for continued examination is filed on or after March 16, 2013, in an application that was filed before March 16, 2013, the application remains subject to pre-AIA 35 U.S.C. 102 and 103.

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