What is the effective date for prior art under AIA 35 U.S.C. 102(a)(2)?

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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. Under AIA 35 U.S.C. 102(a)(2) , the effective date for prior art is the date the patent document was effectively filed. The MPEP states: “ AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor. “ This means that the prior art date is not necessarily the publication date or the actual filing date, but rather the earliest date to which the patent document is entitled to claim priority. This could include priority claims to earlier filed provisional applications or foreign applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Types of Patent Documents as Prior Art Under AIA 102(a)(2) MPEP 2154 Canceled Matter Cannot Be Used as Prior Art Under AIA 102(a)(2) MPEP 2127 Prohibited Prior Art Effect for Patent Application Publications MPEP 2139.02 Prior Art from Earlier Filed Application Must Be Supported MPEP 2136.03 Declarant's Work Requirement for Prior Art MPEP 2136.05(b) Use Pre-AIA 102(e) for Prior Art Date MPEP 1504.03 Use of Earlier Filed U.S. Patent as Reference Against Later Application MPEP 2136.04 Requirement for Applications Subject to FITF Provisions MPEP 2154 Filing Date of Continuing Application Is Prior Art Reference’s Pre-AIPA Date MPEP 2139.03 Description of Invention in Prior Patent or Application MPEP 2120 Permitted Other Related FAQs 5 FAQs Collapse Are there any exceptions to prior art under AIA 35 U.S.C. 102(a)(2)? How does the first inventor to file (FITF) provision affect prior art considerations? What types of U.S. patent documents are considered prior a...