What is the significance of the effective filing date under AIA 35 U.S.C. 102?

The effective filing date is a crucial concept in determining prior art under the AIA. According to the MPEP:

“The availability of a U.S. patent document as prior art to a claimed invention is measured from the effective filing date of the claimed invention as defined in 35 U.S.C. 100(i), which takes into account both foreign priority and domestic benefit dates.“

This approach differs from pre-AIA law and has several important implications:

1. Foreign priority consideration: The effective filing date now includes foreign priority dates, potentially pushing the date earlier and affecting what qualifies as prior art.
2. Domestic benefit dates: Provisional applications and other earlier-filed applications can contribute to the effective filing date.
3. Impact on prior art determination: The effective filing date serves as the reference point for determining what qualifies as prior art under both AIA 35 U.S.C. 102(a)(1) and 102(a)(2).
4. Importance for applicants: Understanding the effective filing date is crucial for applicants in assessing the potential impact of prior art and in developing filing strategies.

The effective filing date concept underscores the importance of early filing and careful management of priority claims in the patent application process under the AIA system.

To learn more:

• AIA
• effective filing date
• prior art
• 35 U.S.C. 102
• foreign priority