How does the effective filing date of a WIPO published application affect its use as prior art?

The effective filing date of a WIPO published application is crucial in determining its use as prior art. MPEP 2154.01(a) states:

“The WIPO publication of a PCT international application that designates the United States is an application for patent deemed published under 35 U.S.C. 122(b) for purposes of AIA 35 U.S.C. 102(a)(2) under 35 U.S.C. 374.”

This means that a WIPO published application can be used as prior art from its effective filing date, not just its publication date. The effective filing date can include:

• The actual filing date of the PCT application
• The filing date of a priority application, if properly claimed

This earlier effective date can make WIPO published applications powerful prior art tools, potentially predating other applications or inventions even before their international publication.

To learn more:

• WIPO applications
• effective filing date
• prior art
• AIA