What is the difference between AIA 35 U.S.C. 102(d)(1) and 102(d)(2) in determining effective filing dates?

AIA 35 U.S.C. 102(d)(1) and 102(d)(2) provide different bases for determining effective filing dates:

• AIA 35 U.S.C. 102(d)(1): Uses the actual filing date of the patent or published application.
• AIA 35 U.S.C. 102(d)(2): Uses the earliest filing date for which a benefit is sought (e.g., priority or benefit claims).

The MPEP 2154.01(b) states: “AIA 35 U.S.C. 102(d) provides that a U.S. patent document is prior art under AIA 35 U.S.C. 102(a)(2) with respect to any subject matter described in the patent or published application as of either its actual filing date (AIA 35 U.S.C. 102(d)(1)), or the earliest filing date for which a benefit is sought (AIA 35 U.S.C. 102(d)(2)).” This means that the earlier of these two dates will be used to determine the effective filing date for prior art purposes.

To learn more:

• AIA
• 35 U.S.C. 102(d)(1)
• 35 U.S.C. 102(d)(2)
• effective filing date