What is the significance of the effective filing date in patent examination?
The effective filing date is crucial in patent examination as it determines which prior art can be used against the claims. MPEP 715.01(d) states:
‘The 1-year grace period in pre-AIA 35 U.S.C. 102(b) is measured from the filing date to which the application is entitled (United States filing date or foreign priority date) with respect to the prior art activity.’
This means that the effective filing date serves as the reference point for determining:
- Whether a disclosure falls within the grace period
- Which version of 35 U.S.C. 102 applies (pre-AIA or AIA)
- What qualifies as prior art against the application
Understanding the effective filing date is essential for both applicants and examiners in assessing the patentability of claims.
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