What is the effective filing date of a claimed invention under the AIA?

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 the America Invents Act (AIA), the effective filing date of a claimed invention is defined in 35 U.S.C. 100(i)(1) as the earliest of:

• The actual filing date of the patent or the application containing the claimed invention; or
• The filing date of the earliest application for which the patent or application is entitled to a right of priority or the benefit of an earlier filing date under 35 U.S.C. 119, 120, 121, 365, or 386.

The MPEP states: In examining applications subject to AIA 35 U.S.C. 102, the effective filing date of a claimed invention is the actual filing date of the U.S. application, unless situation (A), (B), (C), or (D) as set forth below applies. These situations include continuation, divisional, continuation-in-part applications, and applications claiming benefit to provisional or foreign priority applications.