Title 35PatentsRelease 119-73

§172 Right of priority

Title 35 › Part PART II— - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 16— - DESIGNS › § 172

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 35, §172

Patents — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

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

Editorial Notes

Amendments

2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “119” and after “119(e)”. Pub. L. 112–29, § 3(g)(1), struck out “and the time specified in section 102(d)” before “shall be six months”. 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment by section 3(g)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an

Effective Date

of 2011 Amendment;

Savings Provision

s note under section 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that

Effective Date

, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

Effective Date

of 1994 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 172

Title 35Patents

Last Updated

Apr 6, 2026

Release point: 119-73