What is the bar to patentability according to 102(b)?

The provision under 35 U.S.C. 102(b) states that a person is entitled to a patent unless the claimed invention was described in a prior patent application or publication that was available to the public more than one year before the effective filing date of the application. This means that for an invention to be patentable, it has to be novel based on the knowledge of the public prior to a specific time frame surrounding its filing date.

The filing date of the application is crucial because it serves as the benchmark for determining the novelty of the invention. If the information about the invention is available to the public before this date, it may render the invention unpatentable. Therefore, understanding the effective filing date is essential since it directly relates to evaluating whether the invention was known or used publicly, which is the essence of the bar to patentability established in 102(b).

In contrast, the other choices focus on aspects of patentability in a broader context, but do not capture the specific implications of 102(b). The novelty of the invention, the first-to-file principle, and the requirements for disclosure do not directly articulate the specific bar outlined in 102(b). Hence, defining the concept in terms of the filing date most accurately represents the central