How does the AIA define “effective filing date”?
The AIA provides a specific definition for the term “effective filing date” in 35 U.S.C. 100(i)(1). According to the MPEP:
The AIA defines the term “effective filing date” for a claimed invention in a patent or application for patent (other than a reissue application or reissued patent) in 35 U.S.C. 100(i)(1) as meaning the earlier of: (1) The actual filing date of the patent or the application for the patent containing the claimed invention; or (2) the filing date of the earliest provisional, nonprovisional, international (PCT), or foreign patent application to which the patent or application is entitled to benefit or priority as to such claimed invention.
This definition is crucial for determining the applicable prior art under the first-inventor-to-file system.
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