What is the effective filing date and why is it important in patent law?
The effective filing date is a crucial concept in patent law that determines which version of the law applies to an application and what qualifies as prior art. The MPEP emphasizes its importance:
In order to determine which paragraph of 35 U.S.C. 102 applies, the effective filing date of the application and each claimed invention must be determined and compared with the date of the reference.
The effective filing date is typically the earliest of:
- The actual filing date of the patent application
- The filing date of the earliest application to which the patent application claims priority
It’s important because:
- It determines whether the AIA or pre-AIA law applies
- It sets the cutoff date for what constitutes prior art
- It affects the validity of the patent claims
For detailed guidance, refer to MPEP § 2139.01 for pre-AIA law and MPEP § 2152.01 for AIA law regarding determination of effective filing date.
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