How does the effective filing date affect the prior art in pre-AIA patent applications?
The effective filing date of a claimed invention in a pre-AIA patent application is crucial for determining what qualifies as prior art. According to MPEP 2139.01:
“The effective filing date of a claimed invention is important to determine because the effective filing date is the date that is used to determine which prior art is applicable to the claimed invention.”
This means that only prior art that predates the effective filing date can be used to reject the claimed invention. Understanding the effective filing date is essential for both patent examiners and applicants in assessing patentability.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2139.01 - Effective Filing Date Of A Claimed Invention Under Pre - Aia 35 U.S.C. 102,
Patent Law,
Patent Procedure