What is the effective filing date under pre-AIA 35 U.S.C. 102?

The effective filing date of a claimed invention under pre-AIA 35 U.S.C. 102 is generally the actual filing date of the U.S. application. However, there are three exceptions to this rule:

• (A) For continuation or divisional applications
• (B) For continuation-in-part applications
• (C) For applications claiming benefit to a provisional application

As stated in the MPEP, “In examining applications subject to pre-AIA 35 U.S.C. 102, the effective filing date of the claimed invention is the actual filing date of the U.S. application, unless situation (A), (B), or (C) as set forth below applies.” (MPEP 2139.01)

To learn more:

• effective filing date
• pre-AIA
• 35 U.S.C. 102
• patent application