How to calculate the PCT priority dates

Q) 35 USC 102(e) (4.02.11a)

Applicant files a patent application in Japan on February 28, 1996. Applicant files a PCT international application

designating the United States on February 27, 1997, based onthe Japanese application. The international application

is published in English on August28, 1997. The international application enters the national stage in the United States

on August 28, 1998. The USPTO publishes the application on June 7, 2001 at the request ofthe applicant. The application

issues as a United States patent on December 4, 2001.

11. When examining an application filed on or after November 29, 2000 or any application that has been voluntarily

published, what is its earliest possible prior art date, for the June 7th U.S. published application in view of

35 U.S.C. § 102(e) as amended by the American Inventors Protection Act of 1999?

(A) February 28, 1996.

(B) February 27, 1997.

(C) August 28, 1997.

(D) August 28, 1998.

(E) June 7, 2001.

11. ANSWER: (B) is the most correct answer. 35 U.S.C. § 102(e)(1) provides that a USPTO published

application, based on an earlier international application, has prior art effect as of its international

filing date, if the international application designated the United States, and was published in English.

Because in the above fact pattern, the international application designated the United States and

was published in English, the USPTO published application is entitled to its international filing date

of February 27, 1997 for prior art purposes. (A) is wrong because the Japanese filing date is relevant

under 35 U.S.C. § 119 only for priority, but not for prior art purposes. (C) and (E) are wrong because they

recite prior art dates that are later than February 27, 1997. (D) is wrong because the amendments to § 102(e)

by the American Inventors Protection Act of 1999 make the national stage entry date irrelevant for prior art

purposes.