35 U.S.C. 100 (note): AIA First inventor to file provisions
Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018
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.)