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 refers to the earliest effective filing date that can be relied upon when determining prior art status for a patent application. Under the pre-AIA (American Invents Act) provisions, this date is particularly significant because it establishes the chronological context for when an invention is considered prior art against later-filed applications.

In the case of a US application, the pre-AIA 102(e) date allows for the patentee to claim the benefit of a prior filing, which might include earlier US applications or certain foreign priority applications, provided the application is not published yet. This means that the effective date plays a crucial role in determining the patentability of an invention by establishing what prior art existed before that date.

Selecting the earliest effective US filing date as the pre-AIA 102(e) date ensures that all potentially relevant publications or patents can be accurately evaluated in relation to subsequent applications. This aligns with the legislative intent behind the pre-AIA provisions to establish a clearer framework for assessing patent eligibility and novelty.

In contrast, the other options do not accurately represent the pre-AIA 102(e) date. For instance, the date of the international application’s national stage completion or the