(2) the term โUPOV Contracting Partyโ means a
member of the International Convention for the Protection of
New Varieties of Plants.
(Amended Oct. 3, 1961, Public Law 87-333, sec. 1, 75 Stat.
748; July 28, 1972, Public Law 92-358, sec. 1, 86 Stat. 501;
Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Dec. 8,
1994, Public Law 103-465, sec. 532(b)(1), 108 Stat. 4985;
subsection (b) amended Nov. 29, 1999, Public Law 106-113,
sec. 1000(a)(9), 113 Stat. 1501A-563 (S. 1948 sec.4503(a));
subsection (e) amended Nov. 29, 1999, Public Law 106-113,
sec. 1000(a)(9), 113 Stat. 1501A-564, 588, 589 (S. 1948 secs.
4503(b)(2), 4801 and 4802; subsections (f) and (g) added Nov.
29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat.
1501A-589 (S. 1948 sec. 4802); subsections (e), (g) amended
Sept. 16, 2011, Public Law 112-29, secs. 15(b) (effective Sept.
16, 2011) and 20(j) (effective Sept. 16, 2012), 125 Stat. 284;
subsection (a) amended Sept. 16, 2011, Public Law 112-29, sec.
3(g) (effective March 16, 2013), 125 Stat. 284; subsections (a)
and (e), Dec. 18, 2012, Public Law 112-211, sec. 201(c)(1)(A),
126 Stat. 1527; subsection (b)(2), Dec. 18, 2012, Public Law
112-211, sec. 202(b)(2), 126 Stat. 1536.)
35 U.S.C. 119 (pre-AIA) Benefit of earlier filing date; right
of priority.
[Editor Note: pre-AIA 35 U.S.C. 119(a) as set forth below is
applicable to patent applications not subject to the first inventor
to file provisions of the AIA (see 35 U.S.C. 100 (note)). See 35
U.S.C. 119(a) for the law otherwise applicable.]
(a) An application for patent for an invention filed in this
country by any person who has, or whose legal representatives
or assigns have, previously regularly filed an application for a
patent for the same invention in a foreign country which affords
similar privileges in the case of applications filed in the United
States or to citizens of the United States, or in a WTO member
country, shall have the same effect as the same application would
have if filed in this country on the date on which the application
for patent for the same invention was first filed in such foreign
country, if the application in this country is filed within twelve
months from the earliest date on which such foreign application
was filed; but no patent shall be granted on any application for
patent for an invention which had been patented or described
in a printed publication in any country more than one year before
the date of the actual filing of the application in this country, or
which had been in public use or on sale in this country more
than one year prior to such filing.
*****
(Amended Oct. 3, 1961, Public Law 87-333, sec. 1, 75 Stat.
748; July 28, 1972, Public Law 92-358, sec. 1, 86 Stat. 501;
Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Dec. 8,
1994, Public Law 103-465, sec. 532(b)(1), 108 Stat. 4985;
subsection (b) amended Nov. 29, 1999, Public Law 106-113,
sec. 1000(a)(9), 113 Stat. 1501A-563 (S. 1948 sec.4503(a));
subsection (e) amended Nov. 29, 1999, Public Law 106-113,
sec. 1000(a)(9), 113 Stat. 1501A-564, 588, 589 (S. 1948 secs.
4503(b)(2), 4801 and 4802; subsections (f) and (g) added Nov.
29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat.
1501A-589 (S. 1948 sec. 4802); subsections (e), (g) amended
Sept. 16, 2011, Public Law 112-29, secs. 15(b) (effective Sept.
16, 2011) and 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)
35 U.S.C. 120 Benefit of earlier filing date in the United
States.
[Editor Note: Applicable to a patent application subject to the
first inventor to file provisions of the AIA (see 35 U.S.C. 100
(note)). See 35 U.S.C. 120 (pre-AIA) for the law otherwise
applicable.]
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.
(Amended Nov. 14, 1975, Public Law 94-131, sec. 9, 89 Stat.
691; Nov. 8, 1984, Public Law 98-622, sec. 104(b), 98 Stat.
3385; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113
Stat. 1501A-563 (S. 1948 sec. 4503(b)(1)); amended Sept. 16,
2011, Public Law 112-29, secs. 15(b) (effective Sept. 16, 2012),
20(j) (effective Sept. 16, 2012) and 3(f) (effective March 16,
2013), 125 Stat. 284; Dec. 18, 2012, Public Law 112-211, sec.
202(b)(3), 126 Stat. 1536; amended Dec. 18, 2012, Public Law
112-211, sec. 102(5) (effective May 13, 2015), 126 Stat. 1531.)
35 U.S.C. 120 (pre-AIA) Benefit of earlier filing date in the
United States.
[Editor Note: Not applicable to patent applications subject to
the first inventor to file provisions of the AIA (see 35 U.S.C. 100
(note)). See 35 U.S.C. 120 for the law otherwise applicable.]
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, which is filed
by an inventor or inventors named 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
L-30March 2021
MANUAL OF PATENT EXAMINING PROCEDUREยง 119 (pre-AIA)