35-U.S.C.-365
§365 – Right of Priority; Benefit of The Filing Date of A Prior Application
Pathway
Title 35 > Part IV > Chapter 36 > Section 365
Details
- Reference: Section 365
- Legend: §365 – Right of Priority; Benefit of The Filing Date of A Prior Application
- USCode Year: 2013
Provision Content
(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 or a prior international application 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, 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.
(Added Pub. L. 94–131, §1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–465, title V, §532(c)(4), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335; Pub. L. 112–211, title I, §102(8), title II, §201(c)(2), Dec. 18, 2012, 126 Stat. 1532, 1535.)
Amendment of Subsection (c)
Pub. L. 112–211, title I, §§102(8), 103, Dec. 18, 2012, 126 Stat. 1532, provided that, effective on the later of the date that is 1 year after Dec. 18, 2012, 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, subsection (c) of this section is amended, in the first sentence, by substituting , 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, in the second sentence, by inserting 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. See 2012 Amendment note below.
Amendments
2012—Subsec. (b). Pub. L. 112–211, §201(c)(2), 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.
Subsec. (c). Pub. L. 112–211, §102(8), 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.
2011—Subsec. (a). Pub. L. 112–29 struck out of this title after 119.
Subsec. (b). Pub. L. 112–29 struck out of this title after 119(a).
Subsec. (c). Pub. L. 112–29 struck out of this title after 120.
2002—Subsec. (c). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsec. (c). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted Director for Commissioner.
1994—Subsec. (a). Pub. L. 103–465, §532(c)(4)(A), substituted subsections (a) through (d) of section 119 for section 119.
Subsec. (b). Pub. L. 103–465, §532(c)(4)(B), substituted section 119(a) for the first paragraph of section 119.
1984—Subsec. (c). Pub. L. 98–622 substituted Patent and Trademark Office for Patent Office.
Effective Date of 2012 Amendment
Amendment by section 102(8) of Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, 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 section 103 of Pub. L. 112–211, set out as a note under section 100 of this title.
Amendment by section 201(c)(2) of Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, 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 section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective 6 months after Dec. 8, 1994, 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 Pub. L. 103–465, set out as a note under section 154 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-365 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-365, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-361 in the Legal Encyclopedia: Treaties
In this entry about 35-U.S.C.-361, find legal reference material, bibliographies and premiere content related to treaties in the American Encyclopedia of Law, presenting a comprehensive view of the United States treaties-specific issues, written by authorities in the field.
35-U.S.C.-361 in the Legal Encyclopedia: International Law
In this entry about 35-U.S.C.-361, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
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