{"data":{"id":"us/37-cfr-1.109","jurisdiction":"us","citation":"37 CFR 1.109","heading":"Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.","body":"(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:\n(1) The actual filing date of the patent or the application for the patent containing a claim to the invention; or\n(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.\n(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.","path":["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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"9df3ee0a3b0f81de94e70f4e0acb2f4381be66fcfa4991e418b0d69986013e9e","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-1.106-1.108","next":"us/37-cfr-1.110"},"notice":"GroundRules: Original legal text. Not legal advice."}