What is the prior art date for International Applications filed after November 29, 2000?

The correct answer emphasizes that for International Applications filed after November 29, 2000, the prior art date is indeed the date the International Application was filed if the United States was designated. This is because the filing date of an international application, under the Patent Cooperation Treaty (PCT), serves as the effective filing date in the U.S. when the applicant designates the U.S. during the international phase.

The significance of this date is critical because it establishes a timeline for how prior art is considered. If the U.S. is designated, the international filing date applies as the prior art date in relation to U.S. patent applications. This means any public disclosures made after the filing date of the International Application would not affect the novelty or non-obviousness of the claims made in the later U.S. application.

Understanding the context of this response is essential. While the filing date in the U.S. is relevant, it only becomes applicable in certain circumstances; merely paying fees does not influence the prior art date. Additionally, stating that the prior art date is irrelevant misrepresents the significance of the prior art framework, especially in terms of patentability assessment. Thus, recognizing the specific role the designation of the U.S. plays in the