What is the significance of the “effective filing date” in determining public use?
What is the significance of the “effective filing date” in determining public use?
The “effective filing date” plays a crucial role in determining whether a claimed invention was in public use for patent purposes. According to MPEP 2152.02(c):
“Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date of the claimed invention.”
The effective filing date serves as a critical cutoff point. Any public use of the claimed invention that occurs before this date can potentially bar the inventor from obtaining a patent. This date is typically the earlier of:
- The actual filing date of the patent application, or
- The filing date of the earliest priority document (such as a provisional application) that adequately describes the claimed invention.
It’s important for inventors to be aware of this date and to file their patent applications before any public use or disclosure of their invention. Under the AIA, there is no grace period for public use by third parties, unlike the previous one-year grace period under pre-AIA law for certain disclosures by the inventor.
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