Dealing With The AIA Trap For Transition Applications

By ​​​​​​​Joe Hetz and Chris Gerardot (September 5, 2018, 1:49 PM EDT) -- The first-inventor-to-file provisions of the America Invents Act apply to any patent issuing from an application that contains, or contained at any time, a claim that has an effective filing date on or after March 16, 2013.[1] The question of whether FITF provisions apply can arise when a continuation application filed on or after March 16, 2013, claims priority to a parent application filed before March 16, 2013. One might assume that such a continuation application would be controlled by the pre-FITF rules if it was filed with the same specification and drawings as the parent application. However, in several Patent...

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