The right of priority provided for by subsections (a) through (d) of section 119 shall be six months in the case of designs. The right of priority provided for by section 119(e) shall not apply to designs.
July 19, 1952, ch. 95066 Stat. 805Pub. L. 103–465, title V, § 532(c)(2)108 Stat. 4987Pub. L. 112–29125 Stat. 288(, ; , , ; , §§ 3(g)(1), 20(j), , , 335.)
Historical and Revision Notes
Mar. 3, 1903, ch. 1019, § 132 Stat. 1225June 19, 1936, ch. 59449 Stat. 1529Aug. 5, 1939, ch. 450, § 153 Stat. 1212Based on Title 35, U.S.C., 1946 ed., § 32, part (R.S. 4887, amended (1) , , 1226, (2) , , (3) , ).
This provision is taken from R.S. 4887 (see section 119) and made a separate section.
Editorial Notes
Amendments
Pub. L. 112–29, § 20(j)2011—, struck out “of this title” after “119” and after “119(e)”.
Pub. L. 112–29, § 3(g)(1), struck out “and the time specified in section 102(d)” before “shall be six months”.
Pub. L. 103–465section 119(e) of this title1994— substituted “subsections (a) through (d) of section 119” for “section 119” and inserted at end “The right of priority provided for by shall not apply to designs.”
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
section 3(g)(1) of Pub. L. 112–29section 3(n) of Pub. L. 112–29section 100 of this titleAmendment by effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .
section 20(j) of Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–465Pub. L. 103–465section 154 of this titleAmendment by effective 6 months after , and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) of , set out as a note under .