What determines the prior art date for International Applications filed before November 29, 2000?

The correct understanding of what determines the prior art date for International Applications filed before November 29, 2000, hinges significantly on specific procedural requirements set by the Patent Cooperation Treaty (PCT) and its implementation in various jurisdictions.

For International Applications filed before the stipulated date, the prior art date is established based on key actions related to the application process. The date when the fees are paid, the declaration/oath is filed, and a translation copy is filed are all critical components in this context. This is because these steps indicate that the application has reached a level of completeness in accordance with PCT rules, thereby giving it a recognized filing date that can be used to assess prior art.

Specifically, the PCT established that the above-mentioned actions solidify the application's status and grant it the filing date that can potentially serve as the prior art date against later-dated applications or disclosures. This detail is pivotal as it means that merely submitting an application without these additional steps would not secure the same prior art date.

In contrast, factors such as the filing date in the home country or the date of publication may not accurately reflect the prior art date under the PCT framework in those earlier cases, as they do not encompass the necessary actions that grant the