United States Code/Title 35/Chapter 16/Section 172

United States Code
the United States Government
Title 35, Chapter 16, Section 172. Right of priority
113272United States CodeTitle 35, Chapter 16, Section 172. Right of prioritythe United States Government

Section 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.

Source edit

(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 edit

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 edit

1994 edit

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 edit

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.