What is the significance of the “effectively filed” date under AIA 35 U.S.C. 102(d)?
The concept of “effectively filed” date is crucial for determining whether a U.S. patent document qualifies as prior art under AIA 35 U.S.C. 102(a)(2). The MPEP explains:
AIA 35 U.S.C. 102(d) defines “effectively filed” for the purpose of determining whether a particular U.S. patent document is prior art under AIA 35 U.S.C. 102(a)(2) to a claimed invention. A U.S. patent document is considered to have been effectively filed for purposes of its prior art effect under 35 U.S.C. 102(a)(2) with respect to any subject matter it describes on the earlier of: (1) The actual filing date of the patent or the application for patent; or (2) if the patent or application for patent is entitled to claim the benefit of, or priority to, the filing date of an earlier U.S. provisional, U.S. nonprovisional, international (PCT), or foreign patent application, the filing date of the earliest such application that describes the subject matter of the claimed invention.
This definition allows for U.S. patent documents to be used as prior art as of their earliest priority date, potentially making them available as prior art earlier than their publication or issue date.
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