When Post-AIA Patent App Claims Priority To Pre-AIA App

Law360, New York (January 23, 2014, 12:55 PM EST) -- ‚ÄčOn March 16, 2013, the most significant provisions of the America Invents Act went into full effect, including the transition of the U.S. patent laws from a first-to-invent regime to a first-inventor-to-file regime. The post-AIA law imposes an almost-absolute novelty requirement for patent applications, with a limited inventor grace period.[1]

The AIA also significantly expanded the scope of prior art available by the U.S. Patent and Trademark Office and U.S. courts to defeat patentability. These changes may affect applications filed after March 16, 2013, but claiming...
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