If an application is filed in the US claiming priority from a foreign application, what date determines the AIA 102(b) one-year grace period?

The one-year grace period under the America Invents Act (AIA) is determined by the foreign filing date when an application is filed in the United States claiming priority from a foreign application. This means that if you file a U.S. application that claims priority to a foreign application, the foreign application's filing date is considered the relevant date for establishing the one-year grace period from any public disclosures or activities that may affect the patentability of the invention.

This provision ensures that inventors are not penalized for publicly disclosing their inventions in the period between the foreign filing and the U.S. filing, as long as the U.S. application claims priority to the foreign application. Thus, the focus is on the foreign filing date, which can provide a secure timeline for the applicant to navigate potential prior art issues. Other options do not correctly establish the framework of priority dates and grace period considerations under U.S. patent law.