How does AIA 35 U.S.C. 102(d) determine the effective filing date for subject matter in foreign priority applications?

AIA 35 U.S.C. 102(d) determines the effective filing date for subject matter in foreign priority applications as follows:

• The subject matter must be disclosed in the foreign priority application in compliance with 35 U.S.C. 112(a) (except for the best mode requirement).
• The foreign priority application must be entitled to a right of priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or (b).
• If these conditions are met, the effective filing date is the filing date of the foreign priority application.

As stated in MPEP 2154.01(b): “AIA 35 U.S.C. 102(d) provides that a U.S. patent, U.S. patent application publication, or WIPO published application (‘U.S. patent document’) is prior art under AIA 35 U.S.C. 102(a)(2) with respect to any subject matter described in the patent or published application as of either its actual filing date (AIA 35 U.S.C. 102(d)(1)), or the earliest filing date for which a benefit is sought (AIA 35 U.S.C. 102(d)(2)).”

To learn more:

• AIA
• effective filing date
• foreign priority
• 35 U.S.C. 102(d)