What is the effective filing date of a claimed invention under the AIA?

Under the America Invents Act (AIA), the effective filing date of a claimed invention is defined in 35 U.S.C. 100(i)(1) as the earliest of:

• The actual filing date of the patent or the application containing the claimed invention; or
• The filing date of the earliest application for which the patent or application is entitled to a right of priority or the benefit of an earlier filing date under 35 U.S.C. 119, 120, 121, 365, or 386.

The MPEP states: In examining applications subject to AIA 35 U.S.C. 102, the effective filing date of a claimed invention is the actual filing date of the U.S. application, unless situation (A), (B), (C), or (D) as set forth below applies. These situations include continuation, divisional, continuation-in-part applications, and applications claiming benefit to provisional or foreign priority applications.

To learn more:

• effective filing date
• AIA
• America Invents Act
• patent application
• priority claim