Applicability of 35 U.S.C. 102(g) to Applications filed on or after March 16, 2013

Applications subject to AIA

35 U.S.C.

102

(see

MPEP § 2159

) may also be subject to an

interference.

Even if AIA

35 U.S.C. 102

and

103

apply

to a patent application,

pre-AIA 35 U.S.C. 102(g)

also

applies to every claim in the application if it: (1) contains or contained at any time a

claimed invention having an effective filing date as defined in

35 U.S.C.

100(i)

that occurs before March 16, 2013; or (2) is ever

designated as a continuation, divisional, or continuation-in-part of an application that

contains or contained at any time such a claim.

Pre-AIA 35 U.S.C. 102(g)

also

applies to any patent resulting from an application to which

pre-AIA 35 U.S.C.

102(g)

applied. See

MPEP §§ 2138

and

2159.03

.

Thus, if an application contains, or contained at any

time, a claim having an effective filing date that occurs before March 16, 2013, and

also contains, or contained at any time, a claim having an effective filing date that is

on or after March 16, 2013, each claim may still be subject to an interference in

accordance with

pre-AIA 35 U.S.C. 102(g)

while the application is also subject to

AIA

35 U.S.C.

102

and

103

. Pub. L. 112-29, § 3(n)(2), 125

Stat. at 293.

Where an application not subject to

pre-AIA 35 U.S.C.

102(g)

interferes with a patent subject to

pre-AIA 35 U.S.C.

102(g)

, the examiner should consult with an Interference Practice

Specialist.

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