35 USC § 172 - Right of priority

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

The right of priority provided for by subsections (a) through (d) ofsection 119 shall be six months in the case of designs. The right of priority provided for by section 119 (e) shall not apply to designs.

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The right of priority provided for by subsections (a) through (d) ofsection 119 of this title and the time specified in section 102 (d) shall be six months in the case of designs. The right of priority provided for by section 119 (e) of this title shall not apply to designs.

Source

(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.)

Amendment of Section

Pub. L. 112–29, § 20(j), (l),Sept. 16, 2011, 125 Stat. 335, provided that, 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, this section is amended by striking “of this title” each place that term appears. See 2011 Amendment note below. Pub. L. 112–29, § 3(g)(1), (n),Sept. 16, 2011, 125 Stat. 288, 293, provided that, 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, this section is amended by striking “and the time specified in section 102 (d)”. See 2011 Amendment note below.

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.

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. 103–465substituted “subsections (a) through (d) ofsection 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.”

Effective Date of 2011 Amendment

Amendment by section 3(g)(1) ofPub. L. 112–29effective 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) ofPub. 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) ofPub. L. 112–29effective 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) ofPub. L. 112–29, set out as a note under section 2 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465effective 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) ofPub. L. 103–465, set out as a note under section 154 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

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The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

35 USC	Description of Change	Session Year	Public Law	Statutes at Large

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35 USC § 172 - Right of priority

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