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35 U.S.C. § 120 — Benefit of earlier filing date in the United States
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_94543b5b637195723a5260d8
Source file: Laws/federal/codes/united-states-code/title-35/section-120-benefit-of-earlier-filing-date-in-the-united-states--27243aa8a9.md
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Source location: Title 35, Chapter 11, § 120; chapter-011-application-for-patent.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country which affords similar privileges in the case of applications filed in the United States or to citizens of the United States, or in a WTO member country, shall have the same effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within 12 months from the earliest date on which such foreign application was filed. The Director may prescribe regulations, including the requirement for payment of the fee specified in section 41(a)(7), pursuant to which the 12-month period set forth in this subsection may be extended by an additional 2 months if the delay in filing the application in this country within the 12-month period was unintentional.
**(b)**
(1) No application for patent shall be entitled to this right of priority unless a claim is filed in the Patent and Trademark Office, identifying the foreign application by specifying the application number on that foreign application, the intellectual property authority or country in or for which the application was filed, and the date of filing the application, at such time during the pendency of the application as required by the Director.
(2) The Director may consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 119
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director may publish in printed, typewritten, or electronic form, the following:1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and Trademark Office. 4. Annual indexes of patents and patentees, and of trade-marks and registrants. 5. Annual volumes of decisions in patent and trade-mark cases. 6. Pamphlet copies of the patent laws and rules of practice, laws and rules relating to trade-marks, and circulars or other publications relating to the business of the Office.
**(b)** The Director may exchange any of the publications specified in items 3, 4, 5, and 6 of subsection (a) of this section for publications desirable for the use of the Patent and Trademark Office.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 10
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Federal law — U.S. Code and appendices · legal_authorities
When used in this title unless the context otherwise indicates—
**(a)** The term “invention” means invention or discovery.
**(b)** The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
**(c)** The terms “United States” and “this country” mean the United States of America, its territories and possessions.
**(d)** The word “patentee” includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.
**(e)** The term “third-party requester” means a person requesting ex parte reexamination under section 302 who is not the patent owner.
**(f)** The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.
**(g)** The terms “joint inventor” and “coinventor” mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.
**(h)** The term “joint research agreement” means a written contract, grant, or cooperative agreement entered into by 2 or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention.
**(i)**
(1) The term “effective filing date” for a claimed invention in a patent or application for patent means—
(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
(B) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 100
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Federal law — U.S. Code and appendices · legal_authorities
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
**(b) Conclusion.—** The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
**(c) Form.—** A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form.
**(d) Reference in Dependent Forms.—** Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
**(e) Reference in Multiple Dependent Form.—** A claim in multiple dependent form shall contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which it is being considered.
**(f) Element in Claim for a Combination.—** An element in a claim for a combination may be expressed as a means or step for performing a specified function withou
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 112
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Federal law — U.S. Code and appendices · legal_authorities
The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant for patent or patent owner.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 27
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Federal law — U.S. Code and appendices · legal_authorities
When used in this part unless the context otherwise indicates—
**(a)** The term “treaty” means the Patent Cooperation Treaty done at Washington, on June 19, 1970.
**(b)** The term “Regulations”, when capitalized, means the Regulations under the treaty, done at Washington on the same date as the treaty. The term “regulations”, when not capitalized, means the regulations established by the Director under this title.
**(c)** The term “international application” means an application filed under the treaty.
**(d)** The term “international application originating in the United States” means an international application filed in the Patent and Trademark Office when it is acting as a Receiving Office under the treaty, irrespective of whether or not the United States has been designated in that international application.
**(e)** The term “international application designating the United States” means an international application specifying the United States as a country in which a patent is sought, regardless where such international application is filed.
**(f)** The term “Receiving Office” means a national patent office or intergovernmental organization which receives and processes international applications as prescribed by the treaty and the Regulations.
**(g)** The terms “International Searching Authority” and “International Preliminary Examining Authority” mean a national patent office or intergovernmental organization as appointed under the treaty which processes international applications as prescribed by the treaty and the Regulations.
**(h)** The term “International Bureau” means the international intergovernmental organization which is recognized as the coordinating body under the treaty and the Regulations.
**(i)** Terms and expressions not defined in this pa
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Federal law — U.S. Code and appendices · legal_authorities
An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 363
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce—
(1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and
(2) shall be responsible for disseminating to the public information with respect to patents and trademarks.
**(b) Specific Powers.—** The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated;
(2) may establish regulations, not inconsistent with law, which—
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications;
(D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office;
(E) shall recognize the public interest in continuing to safeguard broad access to the United States patent sys
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 2
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Federal law — U.S. Code and appendices · legal_authorities
Page 55
TITLE 35—PATENTS
§ 120
‘‘The amendments made by this section [amending this
section and section 111 of this title] shall take effect on
the date of the enactment of this Act [Nov. 29, 1999] and
shall apply to any provisional application filed on or
after June 8, 1995, except that the amendments made by
subsections (b) and (c) [amending this section] shall
have no effect with respect to any patent which is the
subject of litigation in an action commenced before
such date of enactment.’’
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–465 effective 6 months
after Dec. 8, 1994, and applicable to all patent applica-
tions filed in the United States on or after that effec-
tive date, with provisions relating to earliest filed pat-
ent application, see section 534(b)(1), (3) of Pub. L.
103–465, set out as a note under section 154 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 93–596 effective Jan. 2, 1975,
see section 4 of Pub. L. 93–596, set out as a note under
section 1111 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–358, § 3(a), July 28, 1972, 86 Stat. 502, pro-
vided that: ‘‘Section 1 of this Act [amending this sec-
tion] shall take effect on the date when Articles 1–12 of
the Paris Convention of March 20, 1883, for the Protec-
tion of Industrial Property, as revised at Stockholm,
July 14, 1967, come into force with respect to the United
States [Aug. 25, 1973] and shall apply only to applica-
tions thereafter filed in the United States.’’
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87–333 effective on the date
when the Convention of Paris for the Protection of In-
dustrial Property of March 20, 1883, as revised at Lis-
bon, Oct. 31, 1958, comes into force with respect t
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 120
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