When did the provisions of 35 U.S.C. 386(a) and (b) become effective?

The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07:

The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued therefrom. See 37 CFR 1.55(o).

This means that the right of priority under these sections is only applicable to:

• Nonprovisional applications
• International applications (PCT)
• International design applications

These applications must be filed on or after May 13, 2015, to be eligible for the priority rights under 35 U.S.C. 386(a) and (b). The same applies to patents issued from such applications.

For more information on 35 U.S.C. 386, visit: 35 U.S.C. 386.

For more information on effective date, visit: effective date.

For more information on nonprovisional application, visit: nonprovisional application.