ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

35 U.S.C. § 386Right of priority

submitted 14 years ago by Pub. L. 112-211 to r/title-35-PATENTS · 306 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a U.S. design application, or an international design application naming the U.S., claim an earlier filing date from a related prior application filed elsewhere — following the normal patent priority rules.

(a) National Application. Following the same conditions in section 119(a)-(d) and section 172, a U.S. national design application can get the right of priority — an earlier effective filing date — based on an earlier international design application that named at least one country besides the United States. (b) Prior Foreign Application. Following section 119(a)-(d), section 172, and the relevant treaty and regulations, an international design application naming the United States can get priority based on an earlier foreign application, an earlier international application (as section 351(c) defines it) that named at least one other country, or an earlier international design application that named at least one other country. (c) Prior National Application. Following section 120's rules, an international design application naming the United States can get the benefit of the filing date of an earlier national application, an earlier international application naming the United States, or an earlier international design application naming the United States. Likewise, a national application can get the benefit of the filing date of an earlier international design application naming the United States. If someone claims this earlier filing date based on a prior international application or international design application that named the United States but didn't originate there, the Director may require filing a certified copy of that application with the Patent and Trademark Office, along with an English translation if it was filed in another language.
the actual law source: uscode.house.gov ↗public domain
(a)National Application.—

In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172, a national application shall be entitled to the right of priority based on a prior international design application that designated at least 1 country other than the United States.

(b)Prior Foreign Application.—

In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172 and the treaty and the Regulations, an international design application designating the United States shall be entitled to the right of priority based on a prior foreign application, a prior international application as defined in section 351(c) designating at least 1 country other than the United States, or a prior international design application designating at least 1 country other than the United States.

(c)Prior National Application.—

In accordance with the conditions and requirements of section 120, an international design application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application as defined in section 351(c) designating the United States, or a prior international design application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international design application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application as defined in section 351(c) which designated but did not originate in the United States or a prior international design application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

Source credit: (Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1529.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-211 · 126 Stat. 1529

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-211 on 2012-12-18.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case