[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC120]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 11--APPLICATION FOR PATENT
Sec. 120. Benefit of earlier filing date in the United States
An application for patent for an invention disclosed in the manner
provided by the first paragraph of section 112 of this title in an
application previously filed in the United States, or as provided by
section 363 of this title, 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 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 payment of a surcharge, to accept an
unintentionally delayed submission of an amendment under this section.
(July 19, 1952, ch. 950, 66 Stat. 800; Pub. L. 94-131, Sec. 9, Nov. 14,
1975, 89 Stat. 691; Pub. L. 98-622, title I, Sec. 104(b), Nov. 8, 1984,
98 Stat. 3385; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4503(b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-563.)
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.
Amendments
1999--Pub. L. 106-113 inserted at end ``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 payment of a surcharge, to accept an
unintentionally delayed submission of an amendment under this section.''
1984--Pub. L. 98-622 substituted ``which is filed by an inventor or
inventors named in the previously filed application'' for ``by the same
inventor''.
1975--Pub. L. 94-131 inserted ``, or as provided by section 363 of
this title,'' after ``filed in the United States''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective Nov. 29, 2000, and applicable
only to applications (including international applications designating
the United States) filed on or after that date, see section 1000(a)(9)
[title IV, Sec. 4508] of Pub. L. 106-113, as amended, set out as a note
under section 10 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-622 applicable to all United States patents
granted before, on, or after Nov. 8, 1984, and to all applications for
United States patents pending on or filed after
