How does the “effectively filed date” affect prior art status under AIA 35 U.S.C. 102(a)(2)?

The “effectively filed date” is crucial in determining the prior art status of U.S. patent documents under AIA 35 U.S.C. 102(a)(2). According to the MPEP:

“The question of whether a patent or published application is actually prior art under AIA 35 U.S.C. 102(a)(2) depends upon its effectively filed date.” (MPEP 2154.01)

The effectively filed date is the earlier of:

• The actual filing date of the patent or published application; or
• The filing date of the earliest application to which the patent or published application is entitled to claim a right of foreign priority or domestic benefit.

This date determines when the document becomes available as prior art, potentially affecting the novelty or non-obviousness of later-filed patent applications.

To learn more:

• effectively filed date
• AIA
• prior art
• U.S. patent documents