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Making and Rescinding Transition Statements

By Rachael P. Dippold on March 24, 2016

The USPTO defines a transition application as an application that claims priority to an application filed before March 16, 2013, but also contains, or contained at any time, at least one claim that has an effective filing data after March 15, 2013. For prior art purposes, transition applications are examined solely through the lenses of AIA §§ 102(a)(1), (a)(2), and 103, as well as pre-AIA § 102(g). A typical example of a transition application is a continuation-in-part application that was filed after March 15, 2013, that claims benefit to a parent application filed before March 16, 2013, but also claims subject matter that was newly added in the child continuation-in-part.

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  • Posted in:
    Intellectual Property
  • Blog:
    Prosecution First Blog
  • Organization:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Article: View Original Source

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