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Patents - 35 USC Section 157

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01/19/04


Sec. 157. Statutory invention registration


(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
regularly filed application for a patent without examination if the
applicant -
(1) meets the requirements of section 112 of this title;
(2) has complied with the requirements for printing, as set
forth in regulations of the Director;
(3) waives the right to receive a patent on the invention
within such period as may be prescribed by the Director; and
(4) pays application, publication, and other processing fees
established by the Director.
If an interference is declared with respect to such an application,
a statutory invention registration may not be published unless the
issue of priority of invention is finally determined in favor of
the applicant.
(b) The waiver under subsection (a)(3) of this section by an
applicant shall take effect upon publication of the statutory
invention registration.
(c) A statutory invention registration published pursuant to this
section shall have all of the attributes specified for patents in
this title except those specified in section 183 and sections 271
through 289 of this title. A statutory invention registration shall
not have any of the attributes specified for patents in any other
provision of law other than this title. A statutory invention
registration published pursuant to this section shall give
appropriate notice to the public, pursuant to regulations which the
Director shall issue, of the preceding provisions of this
subsection. The invention with respect to which a statutory
invention certificate is published is not a patented invention for
purposes of section 292 of this title.
(d) The Director shall report to the Congress annually on the use
of statutory invention registrations. Such report shall include an
assessment of the degree to which agencies of the Federal
Government are making use of the statutory invention registration
system, the degree to which it aids the management of federally
developed technology, and an assessment of the cost savings to the
Federal Government of the use of such procedures.

Last modified: April 19, 2006