How is the effective date of a printed publication determined for 37 CFR 1.131(a) purposes?

For the purposes of 37 CFR 1.131(a) affidavits or declarations, the effective date of a printed publication is its publication date, not the date it was received by the publisher. The MPEP states:

A printed publication, including a published foreign patent application, is effective as of its publication date, not its date of receipt by the publisher.

This is an important distinction for applicants and patent attorneys to consider when preparing to swear behind a reference. For more detailed information on determining the effective dates of printed publications, the MPEP directs readers to MPEP §§ 2128 – 2128.02.

To learn more:

• 37 CFR 1.131(a)
• effective date
• printed publication
• prior art
• patent rejection

To learn more:

• 37 CFR 1.131(a)