37 1date —— The filing date when the PCT international application entered the national phase in the United States according to Article 37 1 (c) of the United States Patent Law. Article 37 1 (c) of the United States Patent Law is similar to Article 10 1 of the Implementing Rules of the Old Patent Law of China, which can be called the date of entering the national phase of the United States. The date stipulated in Article 37 1(c) is the date when the international application enters the domestic examination stage in the United States, and the fees, affidavits (or statements), translations and other documents are all paid.
There is another way to enter the United States, according to Article11of the United States Patent Law. .
102 (e) Date-The US Patent Law 102 defines various situations that are not in conformity with novelty. The situation defined in 102(e) is similar to the situation of conflicting applications in patent practice in China. But before the invention defined in 102(e) is completed, not before the filing of this application. According to American patent practice, if something happens under 102(e), it is necessary to prove who finished the invention first.