Can foreign filing dates ever be used in a 102(e) rejection?

In a 102(e) rejection, foreign filing dates may indeed be used, but only under specific circumstances related to particular countries. The pertinent legislation, specifically under 35 U.S.C. § 102(e), indicates that published applications from any country that are recognized by the United States, such as those that comply with the Patent Cooperation Treaty (PCT), can potentially be used for prior art purposes.

However, only if the foreign application has been published or could be considered publicly available in countries that the United States recognizes in this context can it be utilized effectively for a rejection.

This means that not all foreign filings inherently qualify as relevant prior art for the purpose of a 102(e) rejection; the applicant must ensure the foreign application meets the examination criteria set forth by the U.S. Patent Office and the specific international agreements that the U.S. is a party to.

Thus, the validity of utilizing a foreign filing date in a 102(e) rejection hinges on which country the application is from, affirming the accuracy of the selected answer on this matter.