FEDERAL · 35 U.S.C. · Chapter 16
Right of priority
35 U.S.C. § 172
Title35 — Patents
Chapter16 — DESIGNS
This text of 35 U.S.C. § 172 (Right of priority) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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35 U.S.C. § 172.
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Source Credit
History
(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 103–465, title V, §532(c)(2), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, §§3(g)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)
Editorial Notes
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §32, part (R.S. 4887, amended (1) Mar. 3, 1903, ch. 1019, §1, 32 Stat. 1225, 1226, (2) June 19, 1936, ch. 594, 49 Stat. 1529, (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212).
This provision is taken from R.S. 4887 (see section 119) and made a separate section.
Editorial Notes
Amendments
2011—Pub. L. 112–29, §20(j), struck out "of this title" after "119" and after "119(e)".
Pub. L. 112–29, §3(g)(1), struck out "and the time specified in section 102(d)" before "shall be six months".
1994—Pub. L. 103–465 substituted "subsections (a) through (d) of section 119" for "section 119" and inserted at end "The right of priority provided for by section 119(e) of this title shall not apply to designs."
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by section 3(g)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.
Amendment by section 20(j) of 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 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.
Based on Title 35, U.S.C., 1946 ed., §32, part (R.S. 4887, amended (1) Mar. 3, 1903, ch. 1019, §1, 32 Stat. 1225, 1226, (2) June 19, 1936, ch. 594, 49 Stat. 1529, (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212).
This provision is taken from R.S. 4887 (see section 119) and made a separate section.
Editorial Notes
Amendments
2011—Pub. L. 112–29, §20(j), struck out "of this title" after "119" and after "119(e)".
Pub. L. 112–29, §3(g)(1), struck out "and the time specified in section 102(d)" before "shall be six months".
1994—Pub. L. 103–465 substituted "subsections (a) through (d) of section 119" for "section 119" and inserted at end "The right of priority provided for by section 119(e) of this title shall not apply to designs."
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by section 3(g)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.
Amendment by section 20(j) of 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 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.
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35 U.S.C. § 172, Counsel Stack Legal Research, https://law.counselstack.com/usc/35/172.