Section (d) helps determine whether a patent or application for patent is prior art to a claimed invention under subsection (a).

As outlined in section (d), the patent or application will be considered to have been effectively filed as of the actual filing date of the patent or application for patent. In instances where the patent or application for patent is entitled to claim a right of priority or to claim the benefit of an earlier filing date it will be considered effectively filed as of the filing date of the earliest date of the application that describes the subject matter.