37 CFR 1.109
§ 1.109 Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
United States · 37 CFR — Patents, Trademarks, and Copyrights · Status: effective
Cite this
- Citation
- 37 CFR 1.109, § 1.109 Effective filing date of a claimed invention under the Leahy-Smith America Invents Act, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/161900
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Full text
(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, 120, 121, 365, or 386.
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.