35 USC 365
Right of priority; benefit of the filing date of a prior application

Executive summary:

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§365. Right of priority; benefit of the filing date of a prior application

(a)

In accordance with the conditions and requirements of subsections (a) through (d) of section 119 of this title [35 USC 119], a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.

(b)

In accordance with the conditions and requirement of section 119(a) of this title [35 USC 119(a)] and the treaty and the Regulations, an international application designating the United States shall be entitled to the right of priority based on a prior foreign application, or a prior international application designating at least one country other than the United States.

(c)

In accordance with the conditions and requirements of section 120 of this title [35 USC 120], an international application designating the United States shall be entitled to the benefit of the filing date of a prior national application or a prior international application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

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