Under what circumstances can the national stage application completion date serve as a 102(e) date?

The completion date of a national stage application can serve as a 102(e) date when certain conditions are fulfilled, particularly if the application was filed before November 29, 2000, and all requisite requirements for the national stage entry are met.

The significance of the date November 29, 2000, stems from the changes introduced by the American Inventors Protection Act (AIPA), which revised the conditions under which foreign priority applications could be used in establishing prior art. For applications filed before this date, if they meet the requirements for entering the national stage from an international application, the completion date can indeed be used as a 102(e) date.

This context exemplifies the necessary conditions: the application must be complete and properly filed to ensure it can properly serve as prior art against subsequent applications filed in the U.S. It is crucial for applicants to understand these regulations as they determine how prior art is established in relation to patentability under U.S. patent law.