What is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)?

What is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)?

The effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C) is crucial for determining the applicability of the exception. According to MPEP 717.02(a):

“The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis.”

This means that different claims within the same application may have different effective filing dates. It’s important to consider the specific subject matter of each claim when determining the applicable date for the prior art exception.

To learn more:

• effective filing date
• prior art exceptions
• 35 U.S.C. 102(b)(2)(C)
• claim-by-claim basis

To learn more:

• 35 U.S.C. 102(b)(2)(C)