How does the effective filing date affect prior art under pre-AIA 35 U.S.C. 102(e)?

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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. The effective filing date is crucial in determining what can be used as prior art under pre-AIA 35 U.S.C. 102(e). The MPEP explains: “It is the earliest effective U.S. filing date (which will include certain international filing dates) of the U.S. patent or application publication being relied on as the critical reference date and subject matter not included in the patent or application publication itself can only be used when that subject matter becomes public.” This means that the content of a U.S. patent or application publication can be used as prior art as of its earliest effective U.S. filing date, which may include certain international filing dates. However, any subject matter not included in the publication itself can only be used as prior art from the date it became publicly available. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Pre-AIA 35 U.S.C. 102(e) Rejection MPEP 2132.01 Recommended Entire U.S. Patent Can Be Cited Against Claims MPEP 2136.02 Canceled Example Cannot Be Used as Prior Art MPEP 2136.02 Subject Matter Disclosed Only In Parent Not Allowed in CIP Rejection MPEP 2136.02 Prohibited Patent Claims Must Be Supported by Provisional Application MPEP 2136.02 Required Disclosure Must Be Present In Patent Publication MPEP 2136.02 Required Earlier Filed Applications Can Reject Claims MPEP 2136.02 Permitted Example Not Carried to CIP Cannot Be Used as Prior Art MPEP 2136.02 U.S. Application and International Publications as Prior Art MPEP 2136.02 Permitted International and U.S. Patent Publications as Prior Art MPEP 2139.02 Other Related FAQs 5 FAQs Collapse Can canceled portions of a patent application be used as prior art under...