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PART I— UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1— ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
§ 1. Establishment - (a) Establishment.—The United States Patent and Trademark Office is established...
§ 2. Powers and duties - (a) In General.—The United States Patent and Trademark Office, subject...
§ 3. Officers and employees - (a) Under Secretary and Director.—(1) In general.—The powers and duties...
§ 4. Restrictions on officers and employees as to interest in patents - Officers and employees of the Patent and Trademark Office shall...
§ 5. Patent and Trademark Office Public Advisory Committees - (a) Establishment of Public Advisory Committees.—(1) Appointment.—The United States Patent...
§ 6. Patent Trial and Appeal Board - (a) In General.—There shall be in the Office a Patent...
§ 7. Library - The Director shall maintain a library of scientific and other...
§ 8. Classification of patents - The Director may revise and maintain the classification by subject...
§ 9. Certified copies of records - The Director may furnish certified copies of specifications and drawings...
§ 10. Publications - (a) The Director may publish in printed, typewritten, or electronic...
§ 11. Exchange of copies of patents and applications with foreign countries - (a) In General.—The Director may exchange copies of specifications and...
§ 12. Copies of patents and applications for public libraries - The Director may supply copies of specifications and drawings of...
§ 13. Annual report to Congress - The Director shall report to the Congress, not later than...
[§ 14. Renumbered § 13] -
CHAPTER 2— PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
§ 21. Filing date and day for taking action - (a) The Director may by rule prescribe that any paper...
§ 22. Printing of papers filed - The Director may require papers filed in the Patent and...
§ 23. Testimony in Patent and Trademark Office cases - The Director may establish rules for taking affidavits and depositions...
§ 24. Subpoenas, witnesses - The clerk of any United States court for the district...
§ 25. Declaration in lieu of oath - (a) The Director may by rule prescribe that any document...
§ 26. Effect of defective execution - Any document to be filed in the Patent and Trademark...
§ 27. Revival of applications; reinstatement of reexamination proceedings - The Director may establish procedures, including the requirement for payment...
§ 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office - (a) Definition.—In this section, the term “eligible entity” means an...
CHAPTER 3— PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
[§ 31. Repealed. , , , 1501A–580] -
§ 32. Suspension or exclusion from practice - The Director may, after notice and opportunity for a hearing,...
§ 33. Unauthorized representation as practitioner - Whoever, not being recognized to practice before the Patent and...
CHAPTER 4— PATENT FEES; FUNDING; SEARCH SYSTEMS
§ 41. Patent fees; patent and trademark search systems - (a) General Fees.—The Director shall charge the following fees:(1) Filing...
§ 42. Patent and Trademark Office funding - (a) All fees for services performed by or materials furnished...
PART II— PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 10— PATENTABILITY OF INVENTIONS
§ 100. Definitions - (a) The term “invention” means invention or discovery. (b) The...
§ 101. Inventions patentable - Whoever invents or discovers any new and useful process, machine,...
§ 102. Conditions for patentability; novelty - (a) Novelty; Prior Art.—A person shall be entitled to a...
§ 103. Conditions for patentability; non-obvious subject matter - A patent for a claimed invention may not be obtained,...
[§ 104. Repealed. , , ] -
§ 105. Inventions in outer space - (a) Any invention made, used or sold in outer space...
CHAPTER 11— APPLICATION FOR PATENT
§ 111. Application - (a) In General.—(1) Written application.—An application for patent shall be...
§ 112. Specification - (a) In General.—The specification shall contain a written description of...
§ 113. Drawings - The applicant shall furnish a drawing where necessary for the...
§ 114. Models, specimens - The Director may require the applicant to furnish a model...
§ 115. Inventor’s oath or declaration - (a) Naming the Inventor; Inventor’s Oath or Declaration.—An application for...
§ 116. Inventors - (a) Joint Inventions.—When an invention is made by two or...
§ 117. Death or incapacity of inventor - Legal representatives of deceased inventors and of those under legal...
§ 118. Filing by other than inventor - A person to whom the inventor has assigned or is...
§ 119. Benefit of earlier filing date; right of priority - (a) An application for patent for an invention filed in...
§ 120. Benefit of earlier filing date in the United States - An application for patent for an invention disclosed in the...
§ 121. Divisional applications - If two or more independent and distinct inventions are claimed...
§ 122. Confidential status of applications; publication of patent applications - (a) Confidentiality.—Except as provided in subsection (b), applications for patents...
§ 123. Micro entity defined - (a) In General.—For purposes of this title, the term “micro...
CHAPTER 12— EXAMINATION OF APPLICATION
§ 131. Examination of application - The Director shall cause an examination to be made of...
§ 132. Notice of rejection; reexamination - (a) Whenever, on examination, any claim for a patent is...
§ 133. Time for prosecuting application - Upon failure of the applicant to prosecute the application within...
§ 134. Appeal to the Patent Trial and Appeal Board - (a) Patent Applicant.—An applicant for a patent, any of whose...
§ 135. Derivation proceedings - (a) Institution of Proceeding.—(1) In general.—An applicant for patent may...
CHAPTER 13— REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
§ 141. Appeal to Court of Appeals for the Federal Circuit - (a) Examinations.—An applicant who is dissatisfied with the final decision...
§ 142. Notice of appeal - When an appeal is taken to the United States Court...
§ 143. Proceedings on appeal - With respect to an appeal described in section 142, the...
§ 144. Decision on appeal - The United States Court of Appeals for the Federal Circuit...
§ 145. Civil action to obtain patent - An applicant dissatisfied with the decision of the Patent Trial...
§ 146. Civil action in case of derivation proceeding - Any party to a derivation proceeding dissatisfied with the decision...
CHAPTER 14— ISSUE OF PATENT
§ 151. Issue of patent - (a) In General.—If it appears that an applicant is entitled...
§ 152. Issue of patent to assignee - Patents may be granted to the assignee of the inventor...
§ 153. How issued - Patents shall be issued in the name of the United...
§ 154. Contents and term of patent; provisional rights - (a) In General.—(1) Contents.—Every patent shall contain a short title...
[§§ 155, 155A. Repealed. , , ] -
§ 156. Extension of patent term - (a) The term of a patent which claims a product,...
[§ 157. Repealed. , , ] -
CHAPTER 15— PLANT PATENTS
§ 161. Patents for plants - Whoever invents or discovers and asexually reproduces any distinct and...
§ 162. Description, claim - No plant patent shall be declared invalid for noncompliance with...
§ 163. Grant - In the case of a plant patent, the grant shall...
§ 164. Assistance of Department of Agriculture - The President may by Executive order direct the Secretary of...
CHAPTER 16— DESIGNS
§ 171. Patents for designs - (a) In General.—Whoever invents any new, original and ornamental design...
§ 172. Right of priority - The right of priority provided for by subsections (a) through...
§ 173. Term of design patent - Patents for designs shall be granted for the term of...
CHAPTER 17— SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY
§ 181. Secrecy of certain inventions and withholding of patent - Whenever publication or disclosure by the publication of an application...
§ 182. Abandonment of invention for unauthorized disclosure - The invention disclosed in an application for patent subject to...
§ 183. Right to compensation - An applicant, his successors, assigns, or legal representatives, whose patent...
§ 184. Filing of application in foreign country - (a) Filing in Foreign Country.—Except when authorized by a license...
§ 185. Patent barred for filing without license - Notwithstanding any other provisions of law any person, and his...
§ 186. Penalty - Whoever, during the period or periods of time an invention...
§ 187. Nonapplicability to certain persons - The prohibitions and penalties of this chapter shall not apply...
§ 188. Rules and regulations, delegation of power - The Atomic Energy Commission, the Secretary of a defense department,...
CHAPTER 18— PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
§ 200. Policy and objective - It is the policy and objective of the Congress to...
§ 201. Definitions - (a) The term “Federal agency” means any executive agency as...
§ 202. Disposition of rights - (a) Each nonprofit organization or small business firm may, within...
§ 203. March-in rights - (a) With respect to any subject invention in which a...
§ 204. Preference for United States industry - Notwithstanding any other provision of this chapter, no small business...
§ 205. Confidentiality - Federal agencies are authorized to withhold from disclosure to the...
§ 206. Uniform clauses and regulations - The Secretary of Commerce may issue regulations which may be...
§ 207. Domestic and foreign protection of federally owned inventions - (a) Each Federal agency is authorized to—(1) apply for, obtain,...
§ 208. Regulations governing Federal licensing - The Secretary of Commerce is authorized to promulgate regulations specifying...
§ 209. Licensing federally owned inventions - (a) Authority.—A Federal agency may grant an exclusive or partially...
§ 210. Precedence of chapter - (a) This chapter shall take precedence over any other Act...
§ 211. Relationship to antitrust laws - Nothing in this chapter shall be deemed to convey to...
§ 212. Disposition of rights in educational awards - No scholarship, fellowship, training grant, or other funding agreement made...
PART III— PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 25— AMENDMENT AND CORRECTION OF PATENTS
§ 251. Reissue of defective patents - (a) In General.—Whenever any patent is, through error, deemed wholly...
§ 252. Effect of reissue - The surrender of the original patent shall take effect upon...
§ 253. Disclaimer - (a) In General.—Whenever a claim of a patent is invalid...
§ 254. Certificate of correction of Patent and Trademark Office mistake - Whenever a mistake in a patent, incurred through the fault...
§ 255. Certificate of correction of applicant’s mistake - Whenever a mistake of a clerical or typographical nature, or...
§ 256. Correction of named inventor - (a) Correction.—Whenever through error a person is named in an...
§ 257. Supplemental examinations to consider, reconsider, or correct information - (a) Request for Supplemental Examination.—A patent owner may request supplemental...
CHAPTER 26— OWNERSHIP AND ASSIGNMENT
§ 261. Ownership; assignment - Subject to the provisions of this title, patents shall have...
§ 262. Joint owners - In the absence of any agreement to the contrary, each...
CHAPTER 27— GOVERNMENT INTERESTS IN PATENTS
[§ 266. Repealed. , , ] -
§ 267. Time for taking action in Government applications - Notwithstanding the provisions of sections 133 and 151, the Director...
CHAPTER 28— INFRINGEMENT OF PATENTS
§ 271. Infringement of patent - (a) Except as otherwise provided in this title, whoever without...
§ 272. Temporary presence in the United States - The use of any invention in any vessel, aircraft or...
§ 273. Defense to infringement based on prior commercial use - (a) In General.—A person shall be entitled to a defense...
CHAPTER 29— REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
§ 281. Remedy for infringement of patent - A patentee shall have remedy by civil action for infringement...
§ 282. Presumption of validity; defenses - (a) In General.—A patent shall be presumed valid. Each claim...
§ 283. Injunction - The several courts having jurisdiction of cases under this title...
§ 284. Damages - Upon finding for the claimant the court shall award the...
§ 285. Attorney fees - The court in exceptional cases may award reasonable attorney fees...
§ 286. Time limitation on damages - Except as otherwise provided by law, no recovery shall be...
§ 287. Limitation on damages and other remedies; marking and notice - (a) Patentees, and persons making, offering for sale, or selling...
§ 288. Action for infringement of a patent containing an invalid claim - Whenever a claim of a patent is invalid, an action...
§ 289. Additional remedy for infringement of design patent - Whoever during the term of a patent for a design,...
§ 290. Notice of patent suits - The clerks of the courts of the United States, within...
§ 291. Derived patents - (a) In General.—The owner of a patent may have relief...
§ 292. False marking - (a) Whoever, without the consent of the patentee, marks upon,...
§ 293. Nonresident patentee; service and notice - Every patentee not residing in the United States may file...
§ 294. Voluntary arbitration - (a) A contract involving a patent or any right under...
§ 295. Presumption: Product made by patented process - (1) that a substantial likelihood exists that the product was...
§ 296. Liability of States, instrumentalities of States, and State officials for infringement of patents - (a) In General.—Any State, any instrumentality of a State, and...
§ 297. Improper and deceptive invention promotion - (a) In General.—An invention promoter shall have a duty to...
§ 298. Advice of counsel - The failure of an infringer to obtain the advice of...
§ 299. Joinder of parties - (a) Joinder of Accused Infringers.—With respect to any civil action...
CHAPTER 30— PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS
§ 301. Citation of prior art and written statements - (a) In General.—Any person at any time may cite to...
§ 302. Request for reexamination - Any person at any time may file a request for...
§ 303. Determination of issue by Director - (a) Within three months following the filing of a request...
§ 304. Reexamination order by Director - If, in a determination made under the provisions of subsection...
§ 305. Conduct of reexamination proceedings - After the times for filing the statement and reply provided...
§ 306. Appeal - The patent owner involved in a reexamination proceeding under this...
§ 307. Certificate of patentability, unpatentability, and claim cancellation - (a) In a reexamination proceeding under this chapter, when the...
CHAPTER 31— INTER PARTES REVIEW
§ 311. Inter partes review - (a) In General.—Subject to the provisions of this chapter, a...
§ 312. Petitions - (a) Requirements of Petition.—A petition filed under section 311 may...
§ 313. Preliminary response to petition - If an inter partes review petition is filed under section...
§ 314. Institution of inter partes review - (a) Threshold.—The Director may not authorize an inter partes review...
§ 315. Relation to other proceedings or actions - (a) Infringer’s Civil Action.—(1) Inter partes review barred by civil...
§ 316. Conduct of inter partes review - (a) Regulations.—The Director shall prescribe regulations—(1) providing that the file...
§ 317. Settlement - (a) In General.—An inter partes review instituted under this chapter...
§ 318. Decision of the Board - (a) Final Written Decision.—If an inter partes review is instituted...
§ 319. Appeal - A party dissatisfied with the final written decision of the...
CHAPTER 32— POST-GRANT REVIEW
§ 321. Post-grant review - (a) In General.—Subject to the provisions of this chapter, a...
§ 322. Petitions - (a) Requirements of Petition.—A petition filed under section 321 may...
§ 323. Preliminary response to petition - If a post-grant review petition is filed under section 321,...
§ 324. Institution of post-grant review - (a) Threshold.—The Director may not authorize a post-grant review to...
§ 325. Relation to other proceedings or actions - (a) Infringer’s Civil Action.—(1) Post-grant review barred by civil action.—A...
§ 326. Conduct of post-grant review - (a) Regulations.—The Director shall prescribe regulations—(1) providing that the file...
§ 327. Settlement - (a) In General.—A post-grant review instituted under this chapter shall...
§ 328. Decision of the Board - (a) Final Written Decision.—If a post-grant review is instituted and...
§ 329. Appeal - A party dissatisfied with the final written decision of the...
PART IV— PATENT COOPERATION TREATY
CHAPTER 35— DEFINITIONS
§ 351. Definitions - (a) The term “treaty” means the Patent Cooperation Treaty done...
CHAPTER 36— INTERNATIONAL STAGE
§ 361. Receiving Office - (a) The Patent and Trademark Office shall act as a...
§ 362. International Searching Authority and International Preliminary Examining Authority - (a) The Patent and Trademark Office may act as an...
§ 363. International application designating the United States: Effect - An international application designating the United States shall have the...
§ 364. International stage: Procedure - (a) International applications shall be processed by the Patent and...
§ 365. Right of priority; benefit of the filing date of a prior application - (a) In accordance with the conditions and requirements of subsections...
§ 366. Withdrawn international application - Subject to section 367 of this part, if an international...
§ 367. Actions of other authorities: Review - (a) Where a Receiving Office other than the Patent and...
§ 368. Secrecy of certain inventions; filing international applications in foreign countries - (a) International applications filed in the Patent and Trademark Office...
CHAPTER 37— NATIONAL STAGE
§ 371. National stage: Commencement - (a) Receipt from the International Bureau of copies of international...
§ 372. National stage: Requirements and procedure - (a) All questions of substance and, within the scope of...
[§ 373. Repealed. , , ] -
§ 374. Publication of international application - The publication under the treaty defined in section 351(a), of...
§ 375. Patent issued on international application: Effect - (a) A patent may be issued by the Director based...
§ 376. Fees - (a) The required payment of the international fee and the...
PART V— THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
CHAPTER 38— INTERNATIONAL DESIGN APPLICATIONS
§ 381. Definitions - (a) In General.—When used in this part, unless the context...
§ 382. Filing international design applications - (a) In General.—Any person who is a national of the...
§ 383. International design application - (1) a request for international registration under the treaty; (2)...
§ 384. Filing date - (a) In General.—Subject to subsection (b), the filing date of...
§ 385. Effect of international design application - An international design application designating the United States shall have...
§ 386. Right of priority - (a) National Application.—In accordance with the conditions and requirements of...
§ 387. Relief from prescribed time limits - An applicant’s failure to act within prescribed time limits in...
§ 388. Withdrawn or abandoned international design application - Subject to sections 384 and 387, if an international design...
§ 389. Examination of international design application - (a) In General.—The Director shall cause an examination to be...
§ 390. Publication of international design application - The publication under the treaty of an international design application...