Patents - 35 USC Section 120
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01/19/04
Sec. 120. Benefit of earlier filing date in the United States
An application for patent for an invention disclosed in the
manner provided by the first paragraph of section 112 of this title
in an application previously filed in the United States, or as
provided by section 363 of this title, which is filed by an
inventor or inventors named in the previously filed application
shall have the same effect, as to such invention, as though filed
on the date of the prior application, if filed before the patenting
or abandonment of or termination of proceedings on the first
application or on an application similarly entitled to the benefit
of the filing date of the first application and if it contains or
is amended to contain a specific reference to the earlier filed
application. No application shall be entitled to the benefit of an
earlier filed application under this section unless an amendment
containing the specific reference to the earlier filed application
is submitted at such time during the pendency of the application as
required by the Director. The Director may consider the failure to
submit such an amendment within that time period as a waiver of any
benefit under this section. The Director may establish procedures,
including the payment of a surcharge, to accept an unintentionally
delayed submission of an amendment under this section.
Last modified: April 20, 2006
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