What is the critical reference date for a U.S. patent or patent application publication?
The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03:
“The critical reference date of a U.S. patent or patent application publication under pre-AIA 35 U.S.C. 102(e) is the earliest effective U.S. filing date.”
This means that when considering a U.S. patent or patent application publication as prior art, examiners must look at the earliest effective U.S. filing date to determine its applicability as a reference.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2136.03 - Critical Reference Date,
Patent Law,
Patent Procedure