effective filing date definition

effective filing date means the earliest effective priority filing date to which the Patent Right is entitled in the applicable country, as determined on a claim by claim basis, in accordance with applicable law. By way of example, it is understood that the Effective Filing Date for each claim in a United States patent is the earlier of (i) the actual filing date of the United States patent application which issued into such patent, (ii) the priority date under 35 U.S.C. Section 119 for such claim, or (iii) the priority date under 35 U.S.C. Section 120 for such claim.
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effective filing date means the earlier of: 1) the actual filing date of the application; and 2) the filing date of an application from which priority is claimed that provides adequate support for the subject matter at issue. The standard for what constitutes adequate support is outside the scope of this Study Question.Current law and practicePlease answer all the below questions in Part I on the basis of your Group's current law and practice. For the purposes of this question, assume the applicant and inventors of the secret prior art and the applicant and inventors of the later-filed application are unrelated.Is the secret prior art available against the claims of the later-filed application for novelty-defeating purposes? If YES, are the entire contents of the secret prior art available, or only a portion such as the claims? If YES, what is the standard for evaluation of novelty? Is this the same as the standard applied to publicly available prior art?Is the secret prior art available against the claims of the later-filed application to show lack of inventive step / obviousness? If YES, are the entire contents of the secret prior art available, or only a portion such as the claims?If YES, can the secret prior art be combined with another prior art reference to show lack of inventive step / obviousness?3 If YES, is the standard for evaluation of lack of inventive step / obviousness the same as the standard applied to publicly available prior art? If the secret prior art is an international application filed designating your jurisdiction: Does this change any of your answers to questions 1(a) and 1(b) above? If YES, please explain. Does it matter whether the international application actually enters the national phase in your jurisdiction? If YES, please explain.
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effective filing date means the earliest of the actual filing date or the earliest date a claim of priority is based on.
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Examples of effective filing date in a sentence

  • First Effective Filing Date" means the earliest effective filing date in the particular country for any Patent or any application for any Patent.

  • By way of example, it is understood that the First Effective Filing Date for a United States Patent is the earlier of (i) the actual filing date of the United States Patent application which issued into such Patent, (ii) the priority date under 35 U.S.C. Section 119 for such Patent, or (iii) the priority date under 35 U.S.C. Section 120 for such Patent.

  • By way of example, it is understood that the First Effective Filing Date for a United States Patent is the earlier of (i) the actual filing date of the United States Patent application which issued into such Patent, (ii) the priority date under 35 U.S.C. § 119 for such Patent, or (iii) the priority date under 35 U.S.C. § 120 for such Patent.

  • Invention Disclosure" means a disclosure of an invention (i) written for the purpose of allowing legal and business people to determine whether to file a Patent application with respect to such invention and (ii) recorded with a control number in the owning party's records) with a First Effective Filing Date before the Separation Date.

  • By way of example, it is understood that the First Effective Filing Date for a United States Patent is the earlier of (i) the actual filing date of the United States Patent application which issued into such Patent, (ii) the priority date under 35 U.S.C. (S) 119 for such Patent, or (iii) the priority date under 35 U.S.C. (S) 120 for such Patent.

  • Adaptec Patents" means all Patents, other than the Assigned Patents and Wild File Patents, having the benefit of a First Effective Filing Date before the Separation Date which are owned or licensable (without payment of royalties for the granting of licenses thereunder) by Adaptec as of the Separation Date.

  • Invention Disclosure" means a disclosure of an invention (i) written for the purpose of allowing legal and business people to determine whether to file a Patent application with respect to such invention and (ii) recorded with a control number in the owning party's records) with a First Effective Filing Date after the Separation Date.

  • Non-Design Patents" means Patents except for design patents (other than typeface design patents and typeface design registrations) to the extent that such design patents have a First Effective Filing Date after the Separation Date.

  • By way of example, it is understood that the First Effective Filing Date for a United States Patent is the earlier of (a) the actual filing date of the United States Patent application which issued into such Patent, (b) the priority date under 35 U.S.C. § 119 for such Patent, or (c) the priority date under 35 U.S.C. § 120 for such Patent.

  • By way of example, it is understood that the First Effective Filing Date for a United States Patent is the earliest of: (i) the actual filing date of the United States Patent application which issued into such Patent; (ii) the priority date under 35 U.S.C. (S)119 for such Patent; and (iii) the priority date under 35 U.S.C. (S)120 for such Patent.


More Definitions of effective filing date

effective filing date means the earlier of: 1) the actual filing date of the application; and 2) the filing date of an application from which priority is claimed that provides adequate support for the subject matter at issue.The standard for what constitutes adequate support is outside the scope of this Study Question.
Sample 1
effective filing date means, with respect to a patent application, the earlier of (i) the filing date of such patent application or (ii) the earliest filing date of any earlier applications, in any jurisdiction, from which such patent application is entitled to claim the benefit of an earlier filing date under the Applicable Law.
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Related to effective filing date

  • Initial Filing Date means the date on which the Initial Registration Statement is filed with the SEC.

  • Filing Date means, with respect to the Initial Registration Statement required hereunder, the 30th calendar day following the date hereof and, with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the earliest practical date on which the Company is permitted by SEC Guidance to file such additional Registration Statement related to the Registrable Securities.

  • Additional Filing Date means the date on which the Additional Registration Statement is filed with the SEC.

  • Registration Filing Date means the date that is 60 days after date of the final closing of the PPO.

  • Effectiveness Deadline Date has the meaning set forth in Section 2(a) hereof.

  • Effectiveness Target Date As defined in Section 5.

  • Initial Effectiveness Deadline means the date which is (i) in the event that the Initial Registration Statement is not subject to a full review by the SEC, sixty (60) calendar days after the Closing Date or (ii) in the event that the Initial Registration Statement is subject to a full review by the SEC, ninety (90) calendar days after the Closing Date.

  • Effectiveness Deadline As defined in Section 3(a) and 4(a) hereof.

  • Additional Effectiveness Deadline means the date which is the earlier of (x) (i) in the event that the Additional Registration Statement is not subject to a full review by the SEC, thirty (30) calendar days after the earlier of the Additional Filing Date and the Additional Filing Deadline or (ii) in the event that the Additional Registration Statement is subject to a full review by the SEC, fifty (50) calendar days after the earlier of the Additional Filing Date and the Additional Filing Deadline and (y) the fifth (5th) Business Day after the date the Company is notified (orally or in writing, whichever is earlier) by the SEC that such Additional Registration Statement will not be reviewed or will not be subject to further review; provided, however, that if the Additional Effectiveness Deadline falls on a Saturday, Sunday or other day that the SEC is closed for business, the Additional Effectiveness Deadline shall be extended to the next Business Day on which the SEC is open for business.

  • Amendment Effectiveness Deadline Date has the meaning set forth in Section 2(d) hereof.

  • Required Effectiveness Date As defined in Section 2.1.

  • Plan Supplement Filing Date means the date or dates on which the Plan Supplement shall be filed with the Bankruptcy Court. The first Plan Supplement Filing Date shall be at least seven days prior to the Voting Deadline or such later date as may be approved by the Bankruptcy Court without further notice.

  • Initial Filing Deadline means the date which is thirty (30) calendar days after the Closing Date.

  • Effectiveness Date means, with respect to the Initial Registration Statement required to be filed hereunder, the 90th calendar day following the date hereof (or, in the event of a “full review” by the Commission, the 120th calendar day following the date hereof) and with respect to any additional Registration Statements which may be required pursuant to Section 2(c) or Section 3(c), the 90th calendar day following the date on which an additional Registration Statement is required to be filed hereunder (or, in the event of a “full review” by the Commission, the 120th calendar day following the date such additional Registration Statement is required to be filed hereunder); provided, however, that in the event the Company is notified by the Commission that one or more of the above Registration Statements will not be reviewed or is no longer subject to further review and comments, the Effectiveness Date as to such Registration Statement shall be the fifth Trading Day following the date on which the Company is so notified if such date precedes the dates otherwise required above, provided, further, if such Effectiveness Date falls on a day that is not a Trading Day, then the Effectiveness Date shall be the next succeeding Trading Day.

  • Required Filing Date has the meaning set forth in Section 3.1.

  • Shelf Filing Deadline As defined in Section 4(a) hereof.

  • Additional Filing Deadline means if Cutback Shares are required to be included in the Additional Registration Statement, the later of (i) the date sixty (60) days after the date substantially all of the Registrable Securities registered under the immediately preceding Registration Statement are sold and (ii) the date six (6) months from the Initial Effective Date or the last Additional Effective Date, as applicable.

  • Mailing Date has the meaning set forth in Section 2.1(a).

  • SEC Effective Date means the date the Registration Statement is declared effective by the Commission.

  • Filing Deadline As defined in Sections 3(a) and 4(a) hereof.

  • 10-K Filing Deadline As defined in Section 11.05(a).

  • Shelf Effectiveness Period shall have the meaning set forth in Section 2(b) hereof.

  • Effective Date has the meaning set forth in the preamble.