GroundRules
37 CFR 1.109: Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
Where this section sits in the code
- Title 37—Patents, Trademarks, and Copyrights
- CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
- SUBCHAPTER A—GENERAL
- PART 1—RULES OF PRACTICE IN PATENT CASES
- Subpart B—National Processing Provisions
(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.
Collected 2026-08-27T02:25:45Z. Source file · JSON