37 C.F.R. § 1.109
Effective filing date of a claimed invention under the Leahy-Smith America Invents Act
(a) The effective filing date for a claimed invention in a patent or application for patent, other than in a reissue application or reissued patent, is the earliest of:
(1) The actual filing date of the patent or the application for the patent containing a claim to the invention; or
(2) The filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority or the benefit of an earlier filing date under 35 U.S.C. 119, 120, 121, 365, or 386.
(b) The effective filing date for a claimed invention in a reissue application or a reissued patent is determined by deeming the claim to the invention to have been contained in the patent for which reissue was sought.
Notes of Decisions
Cited in 2
cases, 1992–2005 · leading case: Salazar v. Procter & Gamble Co., 414 F.3d 1342 (Fed. Cir. 2005).
Salazar v. Procter & Gamble Co., 414 F.3d 1342 (Fed. Cir. 2005). “37 C.F.R. § 1.109 (1996) (emphasis added).”
Jackson Leeds v. Comm'r of Patents & Trademarks, 955 F.2d 757 (D.C. Cir. 1992). “See 37 C.F.R. § 1.109 . The Manual provides that “each statement should include at least: (1) the major difference in the claims not found in the prior art of record, and (2) the reasons why that difference is considered to define patentability over the prior art if either of…”
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