35 U.S.C. 119 Benefit of earlier filing date; right of priority. (March 16, 2013)
- (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 twelve months from the earliest date on which such foreign application was filed.
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(Amended Oct. 3, 1961, Public Law 87-333, sec. 1, 75 Stat. 748; July 28, 1972, Public Law 92-358, sec. 1, 86 Stat. 501; Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Dec. 8, 1994, Public Law 103-465, sec. 532(b)(1), 108 Stat. 4985; subsection (b) amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-563 (S. 1948 sec.4503(a)); subsection (e) amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-564, 588, 589 (S. 1948 secs. 4503(b)(2), 4801 and 4802; subsections (f) and (g) added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-589 (S. 1948 sec. 4802); subsection (e)(1) amended Sept. 16, 2011, Leahy-Smith America Invents Act, Public Law 112-29, sec. 15(b), 125 Stat. 284; amended Sept. 16, 2011, Leahy-Smith America Invents Act, Public Law 112-29, sec. 20(j), 125 Stat. 284, effective Sept. 16, 2012; subsection (a) amended Sept. 16, 2011, Leahy-Smith America Invents Act, Public Law 112-29, sec. 3(g), 125 Stat. 284, effective March 16, 2013.)
[*End Editor's Note: 35 U.S.C. 119 (March 16, 2013)]