How does priority claim affect the effective filing date in pre-AIA patent applications?

Priority claims can significantly impact the effective filing date of a claimed invention in pre-AIA patent applications. The MPEP 2139.01 states:

“If the application properly claims benefit under 35 U.S.C. 119(e) to a provisional application, the effective filing date is the filing date of the provisional application for any claims which are fully supported under 35 U.S.C. 112 by the provisional application.”

This means that:

• The effective filing date can be earlier than the actual filing date of the non-provisional application.
• Different claims within the same application may have different effective filing dates based on their support in the priority document.
• To benefit from an earlier effective filing date, the claimed invention must be fully supported by the priority application under 35 U.S.C. 112.

Understanding priority claims is crucial for patent applicants to secure the earliest possible effective filing date and potentially overcome prior art references.

To learn more:

• priority claim
• effective filing date
• pre-AIA
• provisional application