37 CFR 1.109 — Effective filing date of a claimed invention under the Leahy-Smith America Invents Act
Ninth Edition, Revision 01.2024
- (a) The effective filing date for a claimed
invention in a patent or application for patent, other than in a
reissue application or reissued patent, is the earliest of:
- (1) The actual filing date of the patent or the application for the patent containing a claim to the invention; or
- (2) The filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority or the benefit of an earlier filing date under 35 U.S.C. 119 , 120 , 121 , 365 , or 386 .
- (b) The effective filing date for a claimed invention in a reissue application or a reissued patent is determined by deeming the claim to the invention to have been contained in the patent for which reissue was sought.
[Added 78 FR 11024, Feb. 14, 2013, effective Mar. 16, 2013; revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
Cited authority
Cited by
- 1481.03 Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits
- 211 Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e)
- 213 Right of Priority of Foreign Application
- 2155 Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections
- 2920.05(d) Foreign Priority
- 2920.05(e) Benefit Claims Under 35 U.S.C. 386(c)
- 715 Swearing Behind a Reference — Affidavit or Declaration Under 37 CFR 1.131(a)
- 717.01 Affidavit or Declaration Under 37 CFR 1.130
- 718 Affidavit or Declaration to Disqualify Commonly Owned Patent as Prior Art, 37 CFR 1.131(c)
- 804.03 Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
- 37 CFR 1.55 Claim for foreign priority
- 37 CFR 1.78 Claiming benefit of earlier filing date and cross-references to other applications
- 37 CFR 1.110 Inventorship and ownership of the subject matter of individual claims
- 37 CFR 1.130 Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act
- 37 CFR 1.131 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art