What is the “effectively filed” date for subject matter in a U.S. patent document?
The “effectively filed” date for subject matter in a U.S. patent document is crucial for determining its prior art status. According to MPEP 2154.01(b):
The “effectively filed” date of a subject matter described in a U.S. patent document … is the earlier of: (1) The actual filing date of the patent or the application for the patent containing the subject matter; or (2) The filing date of the earliest application to which the patent or application is entitled to claim a right of priority or benefit which describes the subject matter.
This means that the effectively filed date can be earlier than the actual filing date if the subject matter is supported by an earlier application in the priority chain.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01(B) - Determining When Subject Matter Was Effectively Filed Under Aia 35 U.S.C. 102(D),
Patent Law,
Patent Procedure