What is the significance of the “effective filing date” in relation to printed publications under MPEP 2152.02(b)?
The “effective filing date” plays a crucial role in determining whether a printed publication qualifies as prior art under MPEP 2152.02(b). The manual states:
“AIA 35 U.S.C. 102(a)(1) uses the term ‘described in a printed publication’ while pre-AIA 35 U.S.C. 102(a) and (b) use the term ‘described in a printed publication.’ However, both the pre-AIA and AIA statutes require that the publication be publicly accessible.”
The significance of the effective filing date is as follows:
- For applications subject to AIA (filed on or after March 16, 2013), a printed publication qualifies as prior art if it was publicly accessible before the effective filing date of the claimed invention.
- For pre-AIA applications, the critical date is one year before the actual filing date of the patent application in the United States.
This distinction is important because it determines the time frame within which a printed publication can be considered prior art against a patent application. Inventors and patent practitioners must be aware of this when assessing the novelty and non-obviousness of an invention.
For more information on effective filing dates, refer to MPEP 2151.
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