How does the AIA affect the treatment of foreign priority claims in determining prior art dates?

The AIA (America Invents Act) has significantly changed the treatment of foreign priority claims in determining prior art dates. Under the AIA:

• Foreign priority claims can now establish an earlier effective filing date for prior art purposes.
• This applies to both U.S. and foreign applicants.
• The subject matter must be adequately supported in the priority document.

As stated in MPEP 2154.01(b): “AIA 35 U.S.C. 102(d) provides that a U.S. patent document is prior art under AIA 35 U.S.C. 102(a)(2) with respect to any subject matter described in the patent or published application as of either its actual filing date (AIA 35 U.S.C. 102(d)(1)), or the earliest filing date for which a benefit is sought (AIA 35 U.S.C. 102(d)(2)).” This includes foreign priority claims, allowing them to potentially establish an earlier effective prior art date.

To learn more:

• AIA
• foreign priority
• prior art dates
• effective filing date