What is the significance of the “effective filing date” in AIA 35 U.S.C. 102(b)(1) exceptions?
The “effective filing date” is a crucial concept in determining the applicability of AIA 35 U.S.C. 102(b)(1) exceptions. As explained in MPEP 2153:
“The exceptions in AIA 35 U.S.C. 102(b)(1) are only applicable to disclosures that occurred within the one year period before the effective filing date of the claimed invention.”
The effective filing date is typically the actual filing date of the patent application. However, it can also be the filing date of an earlier application if the current application claims priority to that earlier application. This date is crucial because:
- It marks the end of the one-year grace period for disclosures under 102(b)(1).
- It determines which disclosures can potentially be excluded as prior art.
- It affects the assessment of novelty and non-obviousness of the claimed invention.
Understanding the effective filing date is essential for inventors and patent practitioners to properly evaluate the prior art and determine the applicability of the AIA exceptions.
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