What is the critical reference date for a U.S. patent or patent application publication?
The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03: “The critical reference date of a U.S. patent or patent application publication under pre-AIA…
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