What is the pre-AIA 102(e) date for a US application or patent?

The pre-AIA 102(e) date for a US application or patent is relevant to determining the prior art status of an application. For a US patent application filed before the America Invents Act (AIA) came into effect, the 102(e) date is defined as the earliest effective US filing date of the application itself.

This date governs what constitutes prior art against that application, meaning that any application or patent that was filed after the earliest effective US filing date could potentially be considered prior art. The key point here is that it's not simply the date of submission or any other procedural date, but specifically the earliest filing date that grants a claim to the invention, which will then affect the ability to claim novelty over later-filed applications or patents.

Understanding this aspect is crucial for those studying for the Patent Bar exam, as it influences how inventions are evaluated for patentability in the context of prior art under U.S. patent law.