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§ 172. —  Right of priority.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 35USC172]

 
                            TITLE 35--PATENTS
 
        PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
 
                           CHAPTER 16--DESIGNS
 
Sec. 172. Right of priority

    The right of priority provided for by subsections (a) through (d) of 
section 119 of this title and the time specified in section 102(d) shall 
be six months in the case of designs. The right of priority provided for 
by section 119(e) of this title shall not apply to designs.

(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 103-465, title V, 
Sec. 532(c)(2), Dec. 8, 1994, 108 Stat. 4987.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Sec. 32, part (R.S. 4887, 
amended (1) Mar. 3, 1903, ch. 1019, Sec. 1, 32 Stat. 1225, 1226, (2) 
June 19, 1936, ch. 594, 49 Stat. 1529, (3) Aug. 5, 1939, ch. 450, 
Sec. 1, 53 Stat. 1212).
    This provision is taken from R.S. 4887 (see section 119) and made a 
separate section.


                               Amendments

    1994--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.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective 6 months after Dec. 8, 1994, 
and applicable to all patent applications filed in the United States on 
or after that effective date, with provisions relating to earliest filed 
patent application, see section 534(b)(1), (3) of Pub. L. 103-465, set 
out as a note under section 154 of this title.



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