MPEP Practice Exam 2025 – Complete Prep Resource

The effective filing date of an application is crucial in determining the prior art against which the invention will be assessed for patentability. This date establishes the timeline for what constitutes prior art, meaning that any references or documents that were published or became publicly available before the effective filing date can be used to challenge the novelty and non-obviousness of the claimed invention.

Understanding the effective filing date helps in determining whether a prior art reference is relevant to the application and whether the claimed invention is indeed new and not obvious in light of what has been previously disclosed. Different jurisdictions may have various rules regarding the treatment of prior art, but generally, only prior art that predates the effective filing date is relevant in evaluating the patentability of the invention. Therefore, this date is fundamental in patent law, particularly regarding the relationship between prior art and the claims made in the application.