Eighteen-Month Publication

• Effective prior art date of patents under amended 35 U.S.C. § 102(e)(2):

• A patent resulting from an application under 35 U.S.C. § 111 (non-PCT) is prior art as of its filing date

• A patent resulting directly from a PCT application has no prior art date under 35 U.S.C. § 102(e)

  • PCT applications no longer have a 35 U.S.C. § 102(e) date as of the date of fulfillment of 35 U.S.C. § 371(c)(1), (2) and (4)

• 35 U.S.C. § 102(e) also makes prior provisional and nonprovisional applications (35 U.S.C. §§ 119(e) and 120) relevant to the effective prior art date

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