MPEP 2159
Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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2159    Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA [R-11.2013]

Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific applications filed on or after March 16, 2013, determining the effective filing date of a claimed invention for purposes of applying AIA 35 U.S.C. 102 and 103 provisions or pre-AIA 35 U.S.C. 102 and 103 provisions is critical.