How does claiming foreign priority affect the effective filing date under the AIA?

Claiming foreign priority can affect the effective filing date of a claimed invention under the AIA as follows:

If the application properly claims foreign priority under 35 U.S.C. 119(a)-(d), 365(a) or (b), or 386(a) or (b), the effective filing date of a claimed invention is the filing date of the foreign priority document if the claim is adequately supported in the foreign priority document.

Key points to understand:

• The claim must be adequately supported in the foreign priority document to benefit from its filing date.
• This support must meet the requirements of 35 U.S.C. 112, including written description and enablement.
• Claims not adequately supported will have a later effective filing date, typically the actual U.S. filing date.
• Proper foreign priority claims can provide an earlier effective filing date, which can be crucial for overcoming prior art and establishing priority.

For more information on foreign priority claims, see MPEP § 216 and MPEP § 2152.06.

To learn more:

• effective filing date
• foreign priority
• AIA
• priority claim