What is the significance of the “effective filing date” in AIA 35 U.S.C. 102(b)(1) exceptions?

The “effective filing date” is a crucial concept in determining the applicability of AIA 35 U.S.C. 102(b)(1) exceptions. As explained in MPEP 2153: “The exceptions in AIA 35 U.S.C. 102(b)(1) are only applicable to disclosures that occurred within the one year period before the effective filing date of the claimed invention.” The effective filing date…

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What is the difference between 35 U.S.C. 102(a)(1) and 102(a)(2)?

The main difference between 35 U.S.C. 102(a)(1) and 102(a)(2) lies in the types of prior art they cover: 35 U.S.C. 102(a)(1) covers public disclosures, including patents, printed publications, public use, sales, or other public availability of the claimed invention before the effective filing date. 35 U.S.C. 102(a)(2) specifically covers U.S. patents, U.S. patent application publications,…

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What is the critical reference date for a U.S. patent or patent application publication?

The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03: “The critical reference date of a U.S. patent or patent application publication under pre-AIA…

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