What is the effective filing date and why is it important in patent law?

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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. The effective filing date is a crucial concept in patent law that determines which version of the law applies to an application and what qualifies as prior art. The MPEP emphasizes its importance: In order to determine which paragraph of 35 U.S.C. 102 applies, the effective filing date of the application and each claimed invention must be determined and compared with the date of the reference. The effective filing date is typically the earliest of: The actual filing date of the patent application The filing date of the earliest application to which the patent application claims priority It’s important because: It determines whether the AIA or pre-AIA law applies It sets the cutoff date for what constitutes prior art It affects the validity of the patent claims For detailed guidance, refer to MPEP § 2139.01 for pre-AIA law and MPEP § 2152.01 for AIA law regarding determination of effective filing date. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Categories of Prior Art Documents and Activities MPEP 2152 Prior Art Categories for Rejection Under AIA 102(a)(1) MPEP 2152 Permitted Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Printed Publication Can Prove Public Use MPEP 2152 Permitted Exceptions to Prior Art for Inventor Disclosures MPEP 2152 Prohibited Requirements for Overcoming Prior Art Rejections Under AIA and Pre-AIA 35 U.S.C. 102 MPEP 2120.01 Requirement for Prior Art Documents Under AIA 102(a) MPEP 2152 Requirement for Determining Pre-AIA or AIA Prior Art MPEP 2120.01 Requirement for Determining Application's AIA Status MPEP 2120.01 Recommended...