35 U.S.C. 100 (note): AIA First inventor to file provisions

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

Current Pre-AIA AIA Redline

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35 U.S.C. 100 (note)   AIA First inventor to file provisions.

The first inventor to file provisions of the Leahy-Smith America Invents Act (AIA) apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—

  • (A) a claim to a claimed invention that has an effective filing date on or after March 16, 2013 wherein the effective filing date is:
    • (i) if subparagraph (ii) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
    • (ii) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c); or
  • (B) a specific reference under section 120, 121, 365(c), or 386(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.

(Sept. 16, 2011, Public Law 112-29, sec. 3(n)(1) (effective March 16, 2013), 125 Stat. 284; references to 35 U.S.C. 386 added Dec. 18, 2012, Public Law 112-211, sec. 102(1) (effective May 13, 2015), 126 Stat. 1531.)