37 CFR § 1.109 — Effective filing date of a claimed invention (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.109 Effective filing date of a claimed invention
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.109, including 12 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 1.109 — Effective filing date of a claimed invention
Source: USPTOLast Modified: 10/30/2024 08:50:22
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 , 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.
[Added 78 FR 11024, Feb. 14, 2013, effective Mar. 16, 2013; revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015]
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| MPEP Section | Rules |
|---|---|
| MPEP § 1481.03 | |
| MPEP § 211 | |
| MPEP § 213 | |
| MPEP § 2920.05(d) |