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The correct statement regarding the pre-AIA "deadline" for prior art is that prior art must predate the claimed invention date. This understanding is crucial in the context of patent examination before the America Invents Act (AIA) was enacted. Under the pre-AIA statutory framework, an invention must be novel and non-obvious to qualify for patent protection. A reference is considered prior art if it was made available to the public before the date of the claimed invention.

The significance of this timeline is linked to the concept of novelty. If a reference predates the claimed invention date, it can potentially invalidate a patent claim if it shows that the claimed invention was not new at the time of filing. Therefore, any disclosures or publications that occurred prior to the invention date are critical in determining the patentability of an invention.

This distinction highlights why the other options do not correctly capture the pre-AIA rules surrounding prior art. The statement about prior art having to exist after the invention date is incorrect because it contradicts the principles of novelty—the invention must be new at the time of filing. The idea that prior art is valid if it exists before the filing date does not capture the importance of invention date in the pre-AIA context. While prior art