What is the significance of the effective filing date in AIA 35 U.S.C. 102(b)(2)(C) exceptions?

What is the significance of the effective filing date in AIA 35 U.S.C. 102(b)(2)(C) exceptions?

The effective filing date plays a crucial role in determining the applicability of the AIA 35 U.S.C. 102(b)(2)(C) exception. According to MPEP 717.02(c):

“Even if the reference is not disqualified as prior art under AIA 35 U.S.C. 102(b)(2)(C), the reference may still be disqualified as prior art under AIA 35 U.S.C. 102(b)(2)(A) or (B) if the reference’s disclosure was made one year or less before the effective filing date of the claimed invention, and the reference’s disclosure was made by the inventor, a joint inventor, or by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.”

This means that:

• The effective filing date determines the critical time period for assessing prior art status.
• It affects whether the disclosure in the reference qualifies for exceptions under AIA 35 U.S.C. 102(b)(2)(A), (B), or (C).
• The one-year grace period for disclosures by the inventor or derived from the inventor is calculated based on the effective filing date.

To learn more:

• effective filing date
• AIA 35 U.S.C. 102(b)(2)(C)
• prior art exception
• grace period

To learn more:

• AIA 35 U.S.C. 102(b)(2)(C)