What is the effective date for prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the effective date for prior art is the date the patent document was effectively filed. The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor.“
This means that the prior art date is not necessarily the publication date or the actual filing date, but rather the earliest date to which the patent document is entitled to claim priority. This could include priority claims to earlier filed provisional applications or foreign applications.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154 - Provisions Pertaining To Subject Matter In A U.S. Patent Or Application Effectively Filed Before The Effective Filing Date Of The Claimed Invention,
Patent Law,
Patent Procedure