How are provisional application filing dates considered under pre-AIA 35 U.S.C. 102(e)?
The filing date of a provisional application can be critical for determining the prior art date under pre-AIA 35 U.S.C. 102(e), but specific conditions must be met. The MPEP states: “Note that for benefit claims under 35 U.S.C. 119(e), the critical reference date under pre-AIA 35 U.S.C. 102(e) may be the filing date of a…
Read MoreHow does pre-AIA 35 U.S.C. 102(e) apply to international applications?
Pre-AIA 35 U.S.C. 102(e) applies to certain international applications as prior art. According to the MPEP, The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and the…
Read MoreWhat is the effect of non-English WIPO publications under pre-AIA 35 U.S.C. 102(e)?
Non-English WIPO publications have a specific treatment under pre-AIA 35 U.S.C. 102(e). The MPEP clearly states: “All references, whether the WIPO publication, the U.S. patent application publication or the U.S. patent, of an international application (IA) that was filed on or after November 29, 2000, but was not published in English under PCT Article 21(2)…
Read MoreWhat is the effective prior art date for WIPO publications of international applications?
The effective prior art date for WIPO publications of international applications depends on the specific subsection of 35 U.S.C. 102 being applied. According to MPEP 2127: “A WIPO publication of an international application that designates but does not originate in the U.S. is effective as prior art under 35 U.S.C. 102(e) as of the date…
Read MoreHow does claiming foreign priority affect the prior art date in my application?
Claiming foreign priority can significantly affect the prior art date in your application: For applications subject to pre-AIA law, the foreign priority date becomes the effective U.S. filing date for prior art purposes under 35 U.S.C. 102(a), (b), and (d) For applications subject to AIA law, the foreign priority date is treated as the effective…
Read More