How does claiming benefit to a provisional application affect the effective filing date?

Claiming benefit to a provisional application can affect the effective filing date of a claimed invention as follows: If the application properly claims benefit under 35 U.S.C. 119(e) to a provisional application, the effective filing date of a claimed invention is the filing date of the provisional application for any claims which are fully supported…

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What is the significance of the “effective filing date” in relation to printed publications under MPEP 2152.02(b)?

The “effective filing date” plays a crucial role in determining whether a printed publication qualifies as prior art under MPEP 2152.02(b). The manual states: “AIA 35 U.S.C. 102(a)(1) uses the term ‘described in a printed publication’ while pre-AIA 35 U.S.C. 102(a) and (b) use the term ‘described in a printed publication.’ However, both the pre-AIA…

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What is the effective filing date under pre-AIA 35 U.S.C. 102?

The effective filing date of a claimed invention under pre-AIA 35 U.S.C. 102 is generally the actual filing date of the U.S. application. However, there are three exceptions to this rule: (A) For continuation or divisional applications (B) For continuation-in-part applications (C) For applications claiming benefit to a provisional application As stated in the MPEP,…

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How is the effective filing date determined for continuation-in-part (CIP) applications?

The effective filing date for claims in a continuation-in-part (CIP) application is determined based on the support provided in the parent application: If the application is a continuation-in-part of an earlier U.S. application or international application, any claims in the new application not supported by the specification and claims of the parent application have an…

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What is the effective filing date for claims in a continuation-in-part application?

The effective filing date for claims in a continuation-in-part (CIP) application depends on whether the claims are supported by the parent application: “If the application is a continuation-in-part of an earlier U.S. application or international application, any claims in the new application not supported by the specification and claims of the parent application have an…

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