US State Code:United States CodeTITLE 35 - PATENTS


(a) Establishment. - The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its...


(a) In General. - The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce - (1) shall be responsible for the granting...


(a) Under Secretary and Director. - (1) In general. - The powers and duties of the United States Patent and Trademark Office shall be vested in an Under Secretary ...


Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and...


(a) Establishment of Public Advisory Committees. - (1) Appointment. - The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a ...


(a) Establishment and Composition. - There shall be in the United States Patent and Trademark Office a Board of Patent Appeals and Interferences. The Director, the Commissioner...


The Director shall maintain a library of scientific and other works and periodicals, both foreign and domestic, in the Patent and Trademark Office to aid the officers in the...


The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or ...


The Director may furnish certified copies of specifications and drawings of patents issued by the Patent and Trademark Office, and of other records available either to the public...


(a) The Director may publish in printed, typewritten, or electronic form, the following: 1. Patents and published applications for patents, including specifications...


The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those of foreign countries. The Director shall...


The Director may supply copies of specifications and drawings of patents and published applications for patents in printed or electronic form to public libraries in the United...


The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the...


...


(a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which...


The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium. ...


The Director may establish rules for taking affidavits and depositions required in cases in the Patent and Trademark Office. Any officer authorized by law to take depositions to...


The clerk of any United States court for the district wherein testimony is to be taken for use in any contested case in the Patent and Trademark Office, shall, upon the application...


(a) The Director may by rule prescribe that any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be under...


Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be...


...


The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and...


Whoever, not being recognized to practice before the Patent and Trademark Office, holds himself out or permits himself to be held out as so recognized, or as being qualified...


(a) The Director shall charge the following fees: (1)(A) On filing each application for an original patent, except in design or plant cases, $690. (B) In addition,...


(a) All fees for services performed by or materials furnished by the Patent and Trademark Office will be payable to the Director. (b) All fees paid to the Director and...


When used in this title unless the context otherwise indicates - (a) The term ''invention'' means invention or discovery. (b) The term ''process'' means process, art or...


Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent...


A person shall be entitled to a patent unless - (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or...


(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the...


(a) In General. - (1) Proceedings. - In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a...


(a) Any invention made, used or sold in outer space on a space object or component thereof under the jurisdiction or control of the United States shall be considered to be made,...


(a) In General. - (1) Written application. - An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in...


The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as...


The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented. When the nature of such subject matter admits of...


The Director may require the applicant to furnish a model of convenient size to exhibit advantageously the several parts of his invention. When the invention relates to...


The applicant shall make oath that he believes himself to be the original and first inventor of the process, machine, manufacture, or composition of matter, or improvement...


When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title....


Legal representatives of deceased inventors and of those under legal incapacity may make application for patent upon compliance with the requirements and on the same terms...


Whenever an inventor refuses to execute an application for patent, or cannot be found or reached after diligent effort, a person to whom the inventor has assigned or agreed in...


(a) An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an...


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...


If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the...


(a) Confidentiality. - Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning...


The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent ...


(a) Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for...


Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within...


(a) Patent Applicant. - An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the administrative patent judge to the Board of...


(a) Whenever an application is made for a patent which, in the opinion of the Director, would interfere with any pending application, or with any unexpired patent, an interference...


An applicant dissatisfied with the decision in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title may appeal the decision to the United...


When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal...


With respect to an appeal described in section 142 of this title, the Director shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of...


The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon...


An applicant dissatisfied with the decision of the Board of Patent Appeals and Interferences in an appeal under section 134(a) of this title may, unless appeal has been taken to...


Any party to an interference dissatisfied with the decision of the Board of Patent Appeals and Interferences on the interference, may have remedy by civil action, if commenced...


If it appears that applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice...


Patents may be granted to the assignee of the inventor of record in the Patent and Trademark Office, upon the application made and the specification sworn to by the inventor,...


Patents shall be issued in the name of the United States of America, under the seal of the Patent and Trademark Office, and shall be signed by the Director or have his...


(a) In General. - (1) Contents. - Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to...


Notwithstanding the provisions of section 154, the term of a patent which encompasses within its scope a composition of matter or a process for using such composition shall...


(a) Notwithstanding section 154 of this title, the term of each of the following patents shall be extended in accordance with this section: (1) Any patent which...


(a) The term of a patent which claims a product, a method of using a product, or a method of manufacturing a product shall be extended in accordance with this section from...


(a) Notwithstanding any other provision of this title, the Director is authorized to publish a statutory invention registration containing the specification and drawings of a ...


Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than...


No plant patent shall be declared invalid for noncompliance with section 112 of this title if the description is as complete as is reasonably possible. The claim in...


In the case of a plant patent, the grant shall include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant...


The President may by Executive order direct the Secretary of Agriculture, in accordance with the requests of the Director, for the purpose of carrying into effect the provisions...


Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title. ...


The right of priority provided for by subsections (a) through (d) of section 119 of this title and the time specified in section 102(d) shall be six months in the case of designs....


Patents for designs shall be granted for the term of fourteen years from the date of grant. ...


Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Government has a property interest might, in...


The invention disclosed in an application for patent subject to an order made pursuant to section 181 of this title may be held abandoned upon its being established by...


An applicant, his successors, assigns, or legal representatives, whose patent is withheld as herein provided, shall have the right, beginning at the date the applicant is...


Except when authorized by a license obtained from the Commissioner of Patents a person shall not file or cause or authorize to be filed in any foreign country prior to six months ...


Notwithstanding any other provisions of law any person, and his successors, assigns, or legal representatives, shall not receive a United States patent for an invention if...


Whoever, during the period or periods of time an invention has been ordered to be kept secret and the grant of a patent thereon withheld pursuant to section 181 of this title,...


The prohibitions and penalties of this chapter shall not apply to any officer or agent of the United States acting within the scope of his authority, nor to any person acting upon...


The Atomic Energy Commission, the Secretary of a defense department, the chief officer of any other department or agency of the Government designated by the President as a...


It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development; to...


As used in this chapter - (a) The term ''Federal agency'' means any executive agency as defined in section 105 of title 5, United States Code, and the military...


(a) Each nonprofit organization or small business firm may, within a reasonable time after disclosure as required by paragraph (c)(1) of this section, elect to retain title to...


(1. (FOOTNOTE 1) With respect to any subject invention in which a small business firm or nonprofit organization has acquired title under this chapter, the Federal agency under...


Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such...


Federal agencies are authorized to withhold from disclosure to the public information disclosing any invention in which the Federal Government owns or may own a right, title,...


The Secretary of Commerce may issue regulations which may be made applicable to Federal agencies implementing the provisions of sections 202 through 204 of this chapter and...


(a) Each Federal agency is authorized to - (1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on ...


The Secretary of Commerce is authorized to promulgate regulations specifying the terms and conditions upon which any federally owned invention, other than inventions owned by...


(a) Authority. - A Federal agency may grant an exclusive or partially exclusive license on a federally owned invention under section 207(a)(2) only if - (1) granting...


(a) This chapter shall take precedence over any other Act which would require a disposition of rights in subject inventions of small business firms or nonprofit...


Nothing in this chapter shall be deemed to convey to any person immunity from civil or criminal liability, or to create any defenses to actions, under any antitrust law. ...


No scholarship, fellowship, training grant, or other funding agreement made by a Federal agency primarily to an awardee for educational purposes will contain any provision giving...


Whenever any patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by...


The surrender of the original patent shall take effect upon the issue of the reissued patent, and every reissued patent shall have the same effect and operation in law, on the...


Whenever, without any deceptive intention, a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid. A patentee, whether of the whole or...


Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, the Director may issue a...


Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent and Trademark Office, appears in a patent and a showing has...


Whenever through error a person is named in an issued patent as the inventor, or through error an inventor is not named in an issued patent and such error arose without any...


Subject to the provisions of this title, patents shall have the attributes of personal property. Applications for patent, patents, or any interest therein, shall be...


In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or...


...


Notwithstanding the provisions of sections 133 and 151 of this title, the Director may extend the time for taking any action to three years, when an application has become...


(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into...


The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the...


(a) Definitions. - For purposes of this section - (1) the terms ''commercially used'' and ''commercial use'' mean use of a method in the United States, so long as such use...


A patentee shall have remedy by civil action for infringement of his patent. ...


A patent shall be presumed valid. Each claim of a patent (whether in independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity...


The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured...


Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use...


The court in exceptional cases may award reasonable attorney fees to the prevailing party. ...


Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for...


(a) Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the...


Whenever, without deceptive intention, a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid. The...


Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture...


The clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Director, setting forth...


The owner of an interfering patent may have relief against the owner of another by civil action, and the court may adjudge the question of the validity of any of the...


(a) Whoever, without the consent of the patentee, marks upon, or affixes to, or uses in advertising in connection with anything made, used, offered for sale, or sold by such...


Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the...


(a) A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising...


In actions alleging infringement of a process patent based on the importation, sale, offer for sale, or use of a product which is made from a process patented in the United States,...


(a) In General. - Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his official capacity, shall not be...


(a) In General. - An invention promoter shall have a duty to disclose the following information to a customer in writing, prior to entering into a contract for invention...


Any person at any time may cite to the Office in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability...


Any person at any time may file a request for reexamination by the Office of any claim of a patent on the basis of any prior art cited under the provisions of section 301 of...


(a) Within three months following the filing of a request for reexamination under the provisions of section 302 of this title, the Director will determine whether a substantial...


If, in a determination made under the provisions of subsection 303(a) of this title, the Director finds that a substantial new question of patentability affecting any claim of...


After the times for filing the statement and reply provided for by section 304 of this title have expired, reexamination will be conducted according to the procedures established...


The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134 of this title, and may seek court review under the...


(a) In a reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director will issue and publish a certificate ...


(a) In General. - Any person at any time may file a request for inter partes reexamination by the Office of a patent on the basis of any prior art cited under the provisions...


(a) Reexamination. - Not later than 3 months after the filing of a request for inter partes reexamination under section 311, the Director shall determine whether a substantial...


If, in a determination made under section 312(a), the Director finds that a substantial new question of patentability affecting a claim of a patent is raised, the determination...


(a) In General. - Except as otherwise provided in this section, reexamination shall be conducted according to the procedures established for initial examination under the...


(a) Patent Owner. - The patent owner involved in an inter partes reexamination proceeding under this chapter - (1) may appeal under the provisions of section 134 and may ...


(a) In General. - In an inter partes reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director...


(a) Order for Reexamination. - Notwithstanding any provision of this chapter, once an order for inter partes reexamination of a patent has been issued under section 313, neither...


Once an order for inter partes reexamination of a patent has been issued under section 313, the patent owner may obtain a stay of any pending litigation which involves an issue...


When used in this part unless the context otherwise indicates - (a) The term ''treaty'' means the Patent Co- operation Treaty done at Washington, on June 19, 1970. (b)...


(a) The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with...


(a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications...


An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application...


(a) International applications shall be processed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or...


(a) In accordance with the conditions and requirements of subsections (a) through (d) of section 119 of this title, a national application shall be entitled to the right of priority ...


Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, ...


(a) Where a Receiving Office other than the Patent and Trademark Office has refused to accord an international filing date to an international application designating the...


(a) International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17 of this title. (b) In accordance with article 27(8)...


(a) Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary ...


(a) All questions of substance and, within the scope of the requirements of the treaty and Regulations, procedure in an international application designating the United States...


An international application designating the United States, shall not be accepted by the Patent and Trademark Office for the national stage if it was filed by anyone not...


The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall confer the same rights and shall have...


(a) A patent may be issued by the Director based on an international application designating the United States, in accordance with the provisions of this title. Subject to section ...


(a) The required payment of the international fee and the handling fee, which amounts are specified in the Regulations, shall be paid in United States currency. The Patent...




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