§ 172. Right of priority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   July 19, 1952, ch. 950, 66 Stat. 805 · 66 Stat. 805

   Enacted · 35 U.S.C. § 172

   July 19, 1952, ch. 950, 66 Stat. 805

   Source evidence

   Code source credit
   July 19, 1952, ch. 950, 66 Stat. 805

2. 1994

   Pub. L. 103–465 title V § 532(c)(2) · 108 Stat. 4809

   1. Substituted · 35 U.S.C. § 172

      Pub. L. 103–465 substituted “subsections (a) through (d) of section 119” for “section 119”

   2. Inserted · 35 U.S.C. § 172

      Pub. L. 103–465 inserted at end “The right of priority provided for by section 119(e) of this title shall not apply to designs.”

   Source evidence

   Code amendment note
   Pub. L. 103–465 substituted “subsections (a) through (d) of section 119” for “section 119” and inserted at end “The right of priority provided for by section 119(e) of this title shall not apply to designs.”

   Enacted provision · exact public law section
   (2) Section 172 of title 35, United States Code, is amended— (A) by striking “section 119” and inserting “subsections (a) through (d) of section 119”; and (B) by inserting at the end the following new sentence: “The right of priority provided for by section 119(e) of this title shall not apply to designs.”.

3. 2011

   Pub. L. 112–29 § 20(j) · 125 Stat. 288

   Struck · 35 U.S.C. § 172

   Pub. L. 112–29, § 20(j), struck out “of this title” after “119” and after “119(e)”

   Source evidence

   Code amendment note
   Pub. L. 112–29, § 20(j), struck out “of this title” after “119” and after “119(e)”.

   Enacted provision · exact public law section
   (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

   Effective date note
   Amendment by section 3(g)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

4. 2011

   Pub. L. 112–29 § 3(g)(1) · 125 Stat. 288

   Struck · 35 U.S.C. § 172

   Pub. L. 112–29, § 3(g)(1), struck out “and the time specified in section 102(d)” before “shall be six months”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–29, § 3(g)(1), struck out “and the time specified in section 102(d)” before “shall be six months”.

   Enacted provision · exact public law section
   (1) Right of priority.— Section 172 of title 35, United States Code, is amended by striking “and the time specified in section 102(d)”.

   Effective date note
   Amendment by section 3(g)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

4 of 5 references resolved to an enrolled provision · 1 partial