MPEP 2151 - Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA

MPEP 2100 - Patentability (playlist, 71 videos)
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Section Summary
MPEP § 2151: “Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA” explains the significant modifications introduced by the Leahy-Smith America Invents Act (AIA) to the statutory framework governing novelty and nonobviousness. It details how 35 U.S.C. 102 was restructured to redefine what constitutes prior art under a first-inventor-to-file system, eliminating geographic restrictions and the relevance of the date of invention, while introducing new exceptions and a one-year grace period for certain disclosures. The section also addresses how published U.S. patent documents, including certain international applications, now serve as prior art if effectively filed earlier, and describes exceptions for disclosures derived from or publicly disclosed by the inventor. It further explains changes to 35 U.S.C. 103, maintaining the obviousness standard but shifting the focus to the effective filing date, and notes the repeal or modification of several pre-AIA provisions, including abandonment, derivation, and common ownership rules. These updates apply to applications filed on or after March 16, 2013, with specific guidance for mixed pre- and post-AIA filings.

Illustration Explanation
The image represents the core AIA legal shift by illustrating how the effective filing date—not the date of invention—now governs what qualifies as prior art under 35 U.S.C. §§ 102 and 103.

Edition Referenced
Manual of Patent Examining Procedure (MPEP)
Ninth Edition, Revision 01.2024

Disclaimer
This summary of the MPEP was generated using AI tools, including ChatGPT and NotebookLM, and may contain errors or omissions. It is provided for general educational and informational purposes only and is not legal advice or a substitute for formal instruction. For authoritative guidance, consult the official MPEP, a qualified instructor, or a registered patent practitioner.

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