What is the effective filing date under AIA 35 U.S.C. 102(d)?

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(d), a U.S. patent document is considered prior art as of either:

• Its actual filing date (AIA 35 U.S.C. 102(d)(1)), or
• The filing date of a prior application to which there is a priority or benefit claim (AIA 35 U.S.C. 102(d)(2))

The MPEP states: “AIA 35 U.S.C. 102(d) provides that a U.S. patent, U.S. patent application publication, or WIPO published application (“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 filing date of a prior application to which there is a priority or benefit claim (AIA 35 U.S.C. 102(d)(2)).” This means that the effective filing date can be earlier than the actual filing date if there’s a valid priority or benefit claim.