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LSDefine
Simple English definitions for legal terms
effective filing date
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A quick definition of effective filing date:
An effective filing date is the date when a patent application is considered to have been filed. This date is important because it determines the priority of the invention and closes the door on prior art. It also sets the clock for the period of eligibility to file in other countries and establishes the date of constructive reduction to practice. The child application is usually entitled to the filing date of the parent application to prove priority under the doctrine of continuity.
A more thorough explanation:
Definition: The date that a patent application is considered to have been filed. This date is important because it determines the priority of the invention and the eligibility to file in other countries. It is also the date that closes the door on prior art and establishes the date of constructive reduction to practice.
- If an inventor files a patent application on January 1, 2021, that is the effective filing date. Even if the application is not approved until later, the inventor can claim priority over any similar inventions filed after that date.
- If a patent application is a continuing application, the effective filing date may be the same as the parent filing date. This means that the priority of the invention is based on the original application.
These examples illustrate how the effective filing date is important in determining the priority of an invention and the eligibility to file in other countries. It also shows how the effective filing date can be the same as the parent filing date for continuing applications.