Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
37 C.F.R. § 1.109
in effectEffective: 2024-07-01(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.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-37.xmlFetched: 7/26/2026