k*********r
发帖数: 362 | 1 MPEP says
If a patent application:
Contains or contained at any time a claim to a claimed invention having an
effective filing date that is on or after March 16, 2013 or
claims or ever claimed the benefit of an earlier filing date under 35 U.S.C.
120 , 121, or 365 based upon an earlier application that ever contained
such a claim, then AIA 35 U.S.C. 102 and 103 apply to the application
So if a post-AIA application as filed does not claim priority to pre-AIA
application, it becomes an AIA application. but if during prosecution the
applicant submit new benefit claim that put EFD of all the claims before AIA
, at that point will the application still be subjected to AIA provisions? | m*********9
发帖数: 232 | 2 对的。任何时候一旦你subject to AIA了，之后哪怕去掉那些post AIA的claim，也不
能回到Pre-AIA了。 | k*********r
发帖数: 362 | 3 谢谢！继续哈，如果是另外一种情况
post AIA application as filed claims benefit of pre-aia application, all
original claims fully supported by prior application, it will be subjected
to pre-aia provisions. then during prosecution new claims are presented not
supported by prior application, but supported in the application being
examined, in this case, will the new claims (having post aia FD) be rejected
on the ground of new matter? or be recorded a new aia FD? and what will
happen to the original claims and the application, will they now be
subjected to aia provisions instead? | k*********r
发帖数: 362 | | A*F
发帖数: 2272 | 5 no.
read MPEP 2159.01
not
rejected
【在 k*********r 的大作中提到】
: 谢谢！继续哈，如果是另外一种情况
: post AIA application as filed claims benefit of pre-aia application, all
: original claims fully supported by prior application, it will be subjected
: to pre-aia provisions. then during prosecution new claims are presented not
: supported by prior application, but supported in the application being
: examined, in this case, will the new claims (having post aia FD) be rejected
: on the ground of new matter? or be recorded a new aia FD? and what will
: happen to the original claims and the application, will they now be
: subjected to aia provisions instead?
| k*********r
发帖数: 362 | 6 Thanks! So basically newly added claims not supported by original
application will be treated as new matter and rejected under 112.
【在 A*F 的大作中提到】
: no.
: read MPEP 2159.01
:
: not
: rejected
| m*********9
发帖数: 232 | 7
not
rejected
你加none-support claim，肯定是112啊。 当然你可以连带new disclosure一起加，然
后file个CIP。但是这样的话，这个continuation就是post-AIA了。
【在 k*********r 的大作中提到】
: 谢谢！继续哈，如果是另外一种情况
: post AIA application as filed claims benefit of pre-aia application, all
: original claims fully supported by prior application, it will be subjected
: to pre-aia provisions. then during prosecution new claims are presented not
: supported by prior application, but supported in the application being
: examined, in this case, will the new claims (having post aia FD) be rejected
: on the ground of new matter? or be recorded a new aia FD? and what will
: happen to the original claims and the application, will they now be
: subjected to aia provisions instead?
|
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