What is the significance of the 35 U.S.C. 102(a)(2) date for U.S. patents claiming priority?

The 35 U.S.C. 102(a)(2) date is crucial for determining the prior art effect of U.S. patents claiming priority. This date can affect whether a patent or application can be used as prior art against another application. The MPEP provides guidance on this topic:

“See MPEP § 2136.02 and MPEP § 2136.03 for the 35 U.S.C. 102(e) date of a U.S. patent claiming priority under 35 U.S.C. 119 or 35 U.S.C. 120. See MPEP § 2154 for prior art under 35 U.S.C. 102(a)(2).”

Key points to understand:

• The 102(a)(2) date can be earlier than the actual filing date of the patent or application.
• Priority claims under 35 U.S.C. 119 (foreign priority) or 35 U.S.C. 120 (domestic benefit) can affect this date.
• The date is used to determine if the patent or application qualifies as prior art under the AIA.

For detailed information on determining these dates and their implications, refer to MPEP § 2154 and its subsections.

To learn more:

• 102(a)(2) date
• priority claims
• prior art
• AIA
• patent examination