§ 120. Benefit of earlier filing date in the United States
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/usc/title-35/section-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385, which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application.
No application shall be entitled to the benefit of an earlier filed application under this section unless an amendment containing the specific reference to the earlier filed application is submitted at such time during the pendency of the application as required by the Director. The Director may consider the failure to submit such an amendment within that time period as a waiver of any benefit under this section. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed submission of an amendment under this section.
(July 19, 1952, ch. 950, 66 Stat. 800; Pub. L. 94–131, § 9, Nov. 14, 1975, 89 Stat. 691; Pub. L. 98–622, title I, § 104(b), Nov. 8, 1984, 98 Stat. 3385; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4503(b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–563; Pub. L. 112–29, §§ 3(f), 15(b), 20(j), Sept. 16, 2011, 125 Stat. 288, 328, 335; Pub. L. 112–211, title I, § 102(5), title II, § 202(b)(3), Dec. 18, 2012, 126 Stat. 1531, 1536.)
Historical and Revision Notes
This section represents present law not expressed in the statute, except for the added requirement that the first application must be specifically mentioned in the second.
Connections661 cite this · traces to 9
Cited by 661 sections · top 42
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CFR
- § 1.78Claiming benefit of earlier filing date and cross-references to other applications.
- § 1.53Application number, filing date, and completion of application.
- § 1.63Inventor's oath or declaration.
- § 1.131Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art.
- § 1.130Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act.
Traces to 9 documents
U.S. Code
- Specification§ 112
- International application designating the United States: Effect§ 363
- Definitions§ 100
- Revival of applications; reinstatement of reexamination proceedings§ 27
- Benefit of earlier filing date; right of priority§ 119
- Powers and duties§ 2
- Publications§ 10
- Conditions for patentability; non-obvious subject matter§ 103
- Definitions§ 351
31 references not yet in our index
- July 19, 1952, ch. 950
- 66 Stat. 800
- Pub. L. 94–131, § 9
- 89 Stat. 691
- Pub. L. 98–622, title I, § 104(b)
- 98 Stat. 3385
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4503(b)(1)]
- 113 Stat. 1536
- Pub. L. 112–29
- 125 Stat. 288
- Pub. L. 112–211, title I, § 102(5)
- 126 Stat. 1531
- Pub. L. 112–211, § 202(b)(3)
- Pub. L. 112–211, § 102(5)
- Pub. L. 112–29, § 20(j)
- Pub. L. 112–29, § 15(b)
- Pub. L. 112–29, § 3(f)
- Pub. L. 106–113
- Pub. L. 98–622
- Pub. L. 94–131
- section 102(5) of Pub. L. 112–211
- section 103 of Pub. L. 112–211
- section 202(b)(3) of Pub. L. 112–211
- section 203 of Pub. L. 112–211
- section 3(f) of Pub. L. 112–29
- section 3(n) of Pub. L. 112–29
- section 15(b) of Pub. L. 112–29
- section 15(c) of Pub. L. 112–29
- section 20(j) of Pub. L. 112–29
- section 106 of Pub. L. 98–622
- section 11 of Pub. L. 94–131
Citation graph
cites case law
§ 120
Benefit of earlier filing date in the United States
Fed. Reg.×623
C.F.R.×38
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 800
Pub. L.Pub. L. 94–131, § 9
Cites 40 · showing 12Cited by 661 across 2 sources