What is the critical reference date for a U.S. patent or patent application publication?

Question

Accepted Answer

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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-AIA 35 U.S.C. 102(e) Application Guidelines MPEP 2136 Required Pre-AIA 35 U.S.C. 102(e) Publication Date for Patent MPEP 2136 Filing Date as Prior Art Under Pre-AIA 35 U.S.C. 102(e) MPEP 2136.03 Pre-AIA 35 U.S.C. 102(e) Publication Date MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Publication Date Requirement MPEP 2136 Reference May Be Applied As Of U.S. Filing Date MPEP 2136 Permitted Reference Date Requirement for Pre-AIA 35 U.S.C. 102(e) MPEP 2136 Examples of Pre-AIA 35 U.S.C. 102(e) Prior Art Dates MPEP 2136 Prior Art Date Determination Under Pre-AIA 35 U.S.C. 102 MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is December 8, 2000 MPEP 2136 Other Related FAQs 5 FAQs Collapse How does the AIA affect the critical reference date? How does the AIPA affect the critical reference date for continuations and divisionals? What is the critical reference date for international applications? Is the date of conception or reduction to practice relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date? Can a fore...