§1.109. Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
37 C.F.R. § 1.109
The effective filing date for a claimed invention in a patent or application for patent, other than in a reissue application or reissued patent, is the earliest of:
The actual filing date of the patent or the application for the patent containing a claim to the invention; or
The filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority or the benefit of an earlier filing date under 35 U.S.C. 119, 120, 121, 365, or 386.
The effective filing date for a claimed invention in a reissue application or a reissued patent is determined by deeming the claim to the invention to have been contained in the patent for which reissue was sought.
Notes, amendments, and revision history
Amendments
[80 FR 17963, Apr. 2, 2015]
Authority
Authority: Secs. 1.101 to 1.108 also issued under 35 U.S.C. 131, 132.
Authority
Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.
Source
Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.
Amendments
[80 FR 17963, Apr. 2, 2015]