35 USC § 172 - Right of priority

---
identifier: "/us/usc/t35/s172"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 172 - Right of priority"
title_number: 35
title_name: "PATENTS"
section_number: "172"
section_name: "Right of priority"
chapter_number: 16
chapter_name: "DESIGNS"
part_number: "II"
part_name: "PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 103–465, title V, § 532(c)(2), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, §§ 3(g)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)"
---


# § 172. Right of priority

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.

---

**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 103–465, title V, § 532(c)(2), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, §§ 3(g)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)

### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 32, part (R.S. 4887, amended (1) , , 1226, (2) , , (3) , ).

This provision is taken from R.S. 4887 (see section 119) and made a separate section.

## Editorial Notes

### Amendments

2011—, struck out “of this title” after “119” and after “119(e)”.

, struck out “and the time specified in section 102(d)” before “shall be six months”.

1994— substituted “subsections (a) through (d) of section 119” for “section 119” and inserted at end “The right of priority provided for by  shall not apply to designs.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by  effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .

Amendment by  effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

### Effective Date of 1994 Amendment

Amendment by  effective 6 months after , 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 , set out as a note under .