§ 1.109. Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
136 words·~1 min read·
/us/cfr/t37/s§ 1.109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. \[80 FR 17963, Apr. 2, 2015\]
Connections5 cite this · traces to 1
Cited by 5 sections · top 2
Traces to 1 document
Citation graph
cites case law
§ 1.109
Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
Fed. Reg.×5
Cites 1Cited by 5 across 1 source