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

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.

To learn more:

• priority claim
• international applications
• prior art status
• 35 U.S.C. 102(e)
• 35 U.S.C. 363