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

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The prior art date for International Applications filed before November 29, 2000, is primarily determined by the date when the various necessary components of the application are fulfilled. Specifically, this includes the date the application was submitted alongside the payment of required fees, the filing of the declaration or oath, and submission of translation copies if applicable. This means that all these elements need to be in place for the application to establish its priority dates effectively.

This is significant because it clarifies when the application is recognized as complete in the context of prior art. If any of these conditions are not met, it could potentially delay the effective filing date, impacting the assessment of prior art and the scope of protection for that application. Thus, the combination of having these requirements fulfilled directly influences the establishment of the prior art date for the application.

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