---
kind: "section"
citation: "37 C.F.R. § 1.109"
title: "37"
number: "1.109"
heading: "Effective filing date of a claimed invention under the Leahy-Smith America Invents Act."
url: "https://uscodex.org/cfr/37/1.109"
---

# §1.109. Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.

- (a) 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:
  - (1) The actual filing date of the patent or the application for the patent containing a claim to the invention; or
  - (2) 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](/usc/35/119.md), [120](/usc/35/120.md), [121](/usc/35/121.md), [365](/usc/35/365.md), or [386](/usc/35/386.md).
- (b) 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

[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]