What is a consequence of the 2+5 month rule prior to the AIA in relation to filing oaths?

The correct answer is that the 2+5 month rule no longer applies post-AIA. The 2+5 month rule referred to the time allowed for filing an oath or declaration after receiving a notice of allowance in a patent application, which was typically 2 months, extendable by an additional 5 months if a request for extension was filed.

With the implementation of the America Invents Act (AIA), changes to the patent prosecution process were enacted, including modifications to the treatment of patent applications—this included revisions to the requirements for submitting oaths or declarations and the related timelines. As a result, the specific 2+5 month rule associated with filing oaths is no longer relevant in the context of post-AIA proceedings.

This change affects how applicants manage timelines for filing oaths and may have implications for their application strategy as they no longer have the same flexibility as before. The understanding of these timelines is critical for patent applicants to ensure compliance with current regulations and to avoid abandonment of their applications due to procedural oversights.