How do examiners determine the effective filing date for 35 U.S.C. 102 rejections?
How do examiners determine the effective filing date for 35 U.S.C. 102 rejections?
Examiners determine the effective filing date for 35 U.S.C. 102 rejections by considering several factors:
- The actual filing date of the patent application
- Any priority claims to earlier applications
- The filing date of the earliest application that supports the claimed invention
According to MPEP 2120.01: “The effective filing date of a claimed invention is determined on a claim-by-claim basis.” This means that different claims within the same application may have different effective filing dates.
Examiners must carefully review the application history and any priority documents to establish the correct effective filing date for each claim. This date is crucial for determining which prior art can be applied under 35 U.S.C. 102(a)(1) and 102(a)(2).
To learn more:
Topics:
(B),
MPEP 2100 - Patentability,
MPEP 2120.01 - Rejections Under 35 U.S.C. 102(A)(1) And (A)(2) And Pre - Aia 35 U.S.C. 102(A),
Or (E): Printed Publication Or Patent,
Patent Law,
Patent Procedure