Eighteen-Month Publication
Effective prior art date of published applications under amended 35 U.S.C. § 102(e)(1):
An IB publication of an international application is prior art under 35 U.S.C. § 102(e) as of its international (35 U.S.C. § 363) filing date if
- it was filed on/after November 29, 2000
- it designates the U.S., and
- was published under PCT Article 21(2)(a) in English
Section 4508 appears to also require that the PCT application fulfill 35 U.S.C. § 371