35 U.S.C. § 120 - Benefit of earlier filing date in the United States

• Cite as: 35 U.S.C. § 120

An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385, which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application. No application shall be entitled to the benefit of an earlier filed application under this section unless an amendment containing the specific reference to the earlier filed application is submitted at such time during the pendency of the application as required by the Director. The Director may consider the failure to submit such an amendment within that time period as a waiver of any benefit under this section. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed submission of an amendment under this section.

Cite as 35 U.S.C. § 120

Source: July 19, 1952, ch. 950, 66 Stat. 800; Pub. L. 94-131, §9, Nov. 14, 1975, 89 Stat. 691; Pub. L. 98-622, title I, §104(b), Nov. 8, 1984, 98 Stat. 3385; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4503(b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-563; Pub. L. 112-29, §§3(f), Sept. 16, 2011, 15, Sept. 16, 2011, 125 Stat. 288, 328, 335; Pub. L. 112-211, title I, §102(5), title II, §202(b)(3), Dec. 18, 2012, 126 Stat. 1531, 1536.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

This section represents present law not expressed in the statute, except for the added requirement that the first application must be specifically mentioned in the second.

EDITORIAL NOTES

AMENDMENTS

2012- Pub. L. 112-211, §202(b)(3), substituted "including the requirement for payment of the fee specified in section 41(a)(7)" for "including the payment of a surcharge".

Pub. L. 112-211, §102(5), substituted "section 363 or 385" for "section 363".

2011- Pub. L. 112-29, §20(j), struck out "of this title" after "363".

Pub. L. 112-29, §15(b), substituted "section 112(a) (other than the requirement to disclose the best mode)" for "the first paragraph of section 112 of this title".