How does a proper priority claim affect the prior art status of international applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A proper priority claim can significantly affect the prior art status of international applications. The MPEP 2127 provides guidance on this: “ If the international application does not have an earlier effective date under 35 U.S.C. 102(e) based on a proper priority claim to an earlier filed U.S. application, the international application is only effective as prior art under 35 U.S.C. 102(e) as of its filing date under 35 U.S.C. 363 .” This means that: With a proper priority claim to an earlier U.S. application, the international application can have an earlier effective date under 35 U.S.C. 102(e). Without such a priority claim, the international application’s effective date as prior art under 35 U.S.C. 102(e) is limited to its U.S. filing date under 35 U.S.C. 363. It’s important to note that this specifically applies to the application’s status under 35 U.S.C. 102(e) and does not affect its potential use as prior art under other subsections of 35 U.S.C. 102. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Canceled Figures as Prior Art Under Pre-AIA 102(b) MPEP 2127 Abandoned Patent Application Becomes Prior Art Only When Disclosed MPEP 2127 Access to Abandoned Patent Applications as Prior Art MPEP 2127 Permitted Canceled Matter Cannot Be Used as Prior Art Under AIA 102(a)(2) MPEP 2127 Prohibited Available Prior Art for Pre-AIA 102(e) Rejections MPEP 2127 Rejections Based on U.S. Application Publications MPEP 2127 Applicant’s Filing Date Before Patent Issue Date MPEP 2127 Canceled Figures Available as Prior Art MPEP 2127 Canceled Matter as Prior Art MPEP 2127 Canceled Matter as Prior Art Is Restricted to Publicly Available Dates MPEP 2127 Permitted Other Relate...