How does the AIA define “effective filing date” for a claimed invention?

The America Invents Act (AIA) defines the “effective filing date” for a claimed invention as the earliest of:

• The actual filing date of the patent or application containing the claimed invention; or
• The filing date of the earliest application for which the patent or application is entitled to claim a right of priority or the benefit of an earlier filing date under 35 U.S.C. 119, 120, 121, 365, or 386.

This definition is provided in MPEP 2152.01, which states:

“The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. It is possible for different claims in a patent or application to have different effective filing dates.”

Understanding the effective filing date is crucial for determining prior art and assessing patentability under the AIA.

To learn more:

• AIA
• effective filing date
• claimed invention
• patent application