How do examiners determine the effective filing date for 35 U.S.C. 102 rejections?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. Examiners determine the effective filing date for 35 U.S.C. 102 rejections by considering several factors: The actual filing date of the patent application Any priority claims to earlier applications The filing date of the earliest application that supports the claimed invention According to MPEP 2120.01 : “The effective filing date of a claimed invention is determined on a claim-by-claim basis.” This means that different claims within the same application may have different effective filing dates. Examiners must carefully review the application history and any priority documents to establish the correct effective filing date for each claim. This date is crucial for determining which prior art can be applied under 35 U.S.C. 102(a)(1) and 102(a)(2). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Determining Pre-AIA or AIA Prior Art MPEP 2120.01 Requirement for Determining Application's AIA Status MPEP 2120.01 Recommended Requirements for Overcoming Prior Art Rejections Under AIA and Pre-AIA 35 U.S.C. 102 MPEP 2120.01 Form Paragraphs for AIA and Pre-AIA Examination MPEP 2120.01 Recommended Determine Effective Filing Date for Claimed Invention MPEP 2120.01 Required Priority Claim Based on Earlier Application MPEP 2120 Required Conditions for Patentability Based on Prior Art MPEP 2120 Required Exceptions to Prior Art Rejections MPEP 2120 Recommended Abstract Can Have Different Publication Date Than Full Text MPEP 2120 Permitted Reference Must Teach All Claimed Invention Aspects MPEP 2120 Required Other Related FAQs 5 FAQs Collapse What is the difference between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections? What are the exceptions to 35 U.S.C. 102(a)...