35 U.S.C. § 365 | Right of priority; benefit of the filing date of a prior application

(a)

In accordance with the conditions and requirements of subsections (a) through (d) of section 119, a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.

(b)

In accordance with the conditions and requirement of section 119(a) and the treaty and the Regulations, an international application designating the United States shall be entitled to the right of priority based on a prior foreign application, or a prior international application designating at least one country other than the United States. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed claim for priority under the treaty and the Regulations, and to accept a priority claim that pertains to an application that was not filed within the priority period specified in the treaty and Regulations, but was filed within the additional 2-month period specified under section 119(a) or the treaty and Regulations.

(c)

In accordance with the conditions and requirements of section 120, an international application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application designating the United States, or a prior international design application as defined in section 381(a)(6) designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application which designated but did not originate in the United States or a prior international design application as defined in section 381(a)(6) which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

Pub. L. 94–131, § 1Nov. 14, 197589 Stat. 686 Pub. L. 98–622, title IV, § 403(a)Nov. 8, 198498 Stat. 3392 Pub. L. 103–465, title V, § 532(c)(4)Dec. 8, 1994108 Stat. 4987 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Nov. 29, 1999113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)Nov. 2, 2002116 Stat. 1906 Pub. L. 112–29, § 20(j)Sept. 16, 2011125 Stat. 335 Pub. L. 112–211, title I, § 102(8)Dec. 18, 2012126 Stat. 1532 (Added , , ; amended , , ; , , ; , , , 1501A–582; , , ; , , ; , title II, § 201(c)(2), , , 1535.)

Editorial Notes

Amendments

Pub. L. 112–211, § 201(c)(2)2012—Subsec. (b). , inserted at end “The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed claim for priority under the treaty and the Regulations, and to accept a priority claim that pertains to an application that was not filed within the priority period specified in the treaty and Regulations, but was filed within the additional 2-month period specified under section 119(a) or the treaty and Regulations.”

Pub. L. 112–211, § 102(8)Subsec. (c). , substituted “, a prior international application designating the United States, or a prior international design application as defined in section 381(a)(6) designating the United States” for “or a prior international application designating the United States” and inserted “or a prior international design application as defined in section 381(a)(6) which designated but did not originate in the United States” after “did not originate in the United States”.

Pub. L. 112–292011—Subsec. (a). struck out “of this title” after “119”.

Pub. L. 112–29Subsec. (b). struck out “of this title” after “119(a)”.

Pub. L. 112–29Subsec. (c). struck out “of this title” after “120”.

Pub. L. 107–273 Pub. L. 106–1132002—Subsec. (c). made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113 Pub. L. 107–2731999—Subsec. (c). , as amended by , substituted “Director” for “Commissioner”.

Pub. L. 103–465, § 532(c)(4)(A)1994—Subsec. (a). , substituted “subsections (a) through (d) of section 119” for “section 119”.

Pub. L. 103–465, § 532(c)(4)(B)Subsec. (b). , substituted “section 119(a)” for “the first paragraph of section 119”.

Pub. L. 98–6221984—Subsec. (c). substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

section 102(8) of Pub. L. 112–211Dec. 18, 2012May 13, 2015section 103 of Pub. L. 112–211 section 100 of this titleAmendment by effective on the later of the date that is 1 year after , or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see , set out as a note under .

section 201(c)(2) of Pub. L. 112–211Dec. 18, 2012section 203 of Pub. L. 112–211 section 27 of this titleAmendment by effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see , set out as an Effective Date note under .

Effective Date of 2011 Amendment

Pub. L. 112–29Sept. 16, 2011lPub. L. 112–29 section 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 1999 Amendment

Pub. L. 106–113Nov. 29, 1999Pub. L. 106–113 section 1 of this titleAmendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–465Dec. 8, 1994Pub. L. 103–465 section 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 .

Effective Date of 1984 Amendment

Pub. L. 98–622Nov. 8, 1984section 406(a) of Pub. L. 98–622 section 351 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Jan. 24, 1978section 11 of Pub. L. 94–131 section 351 of this titleSection effective , and applicable to international and national applications filed on and after that date, see , set out as a note under .