Definition of Effective Filing Date in an AIA Application

The effective filing date of a claimed invention in an AIA application (other than reissue applications) is the earlier of:

(1) the actual filing date of the application
(2) the filing date of the earliest application for which the application is entitled, as to such invention, to a right of foreign priority or the domestic benefit of an earlier filing date.

Effective Filing
Illustration 2: Effective Filing Date

Effective filing date for Taylor’s invention X is July 1, 2013, which is the filing date of the foreign priority application

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