The first inventor to file provisions of the Leahy-Smith America Invents Act (AIA) apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—
- (A) a claim to a claimed invention that has an effective filing date on or after March 16, 2013 wherein the effective filing date is:
- (i) if subparagraph (ii) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
- (ii) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120 , 121, 365(c), or 386(c); or
- (B) a specific reference under section 120 , 121, 365(c), or 386(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.