onecle - legal research

State Law

Federal Law

Patents - 35 USC Title 35

Legal Research Home > US Lawyer > Patents > Patents - 35 USC Title 35

Patents - 35 USC Section 1

01/19/04 Sec. 1. Establishment (a) Establishment. - The United States Patent and Trademark ...

Patents - 35 USC Section 2

01/19/04 Sec. 2. Powers and duties (a) In General. - The United States Patent and ...

Patents - 35 USC Section 3

01/19/04 Sec. 3. Officers and employees (a) Under Secretary and Director. - ...

Patents - 35 USC Section 4

01/19/04 Sec. 4. Restrictions on officers and employees as to interest in patents ...

Patents - 35 USC Section 5

01/19/04 Sec. 5. Patent and Trademark Office Public Advisory Committees (a) Establishment of Public Advisory ...

Patents - 35 USC Section 6

01/19/04 Sec. 6. Board of Patent Appeals and Interferences (a) Establishment and Composition. - There ...

Patents - 35 USC Section 7

01/19/04 Sec. 7. Library The Director shall maintain a library of scientific and other ...

Patents - 35 USC Section 8

01/19/04 Sec. 8. Classification of patents The Director may revise and maintain the classification by ...

Patents - 35 USC Section 9

01/19/04 Sec. 9. Certified copies of records The Director may furnish certified copies of specifications ...

Patents - 35 USC Section 10

01/19/04 Sec. 10. Publications (a) The Director may publish in printed, typewritten, or ...

Patents - 35 USC Section 11

01/19/04 Sec. 11. Exchange of copies of patents and applications with foreign countries ...

Patents - 35 USC Section 12

01/19/04 Sec. 12. Copies of patents and applications for public libraries The Director may supply ...

Patents - 35 USC Section 13

01/19/04 Sec. 13. Annual report to Congress The Director shall report to the Congress, not ...

Patents - 35 USC Section 14

01/19/04 [Sec. 14. Renumbered Sec. 13] ...

Patents - 35 USC Section 21

01/19/04 Sec. 21. Filing date and day for taking action (a) The Director may by ...

Patents - 35 USC Section 22

01/19/04 Sec. 22. Printing of papers filed The Director may require papers filed in the ...

Patents - 35 USC Section 23

01/19/04 Sec. 23. Testimony in Patent and Trademark Office cases The Director may establish rules ...

Patents - 35 USC Section 24

01/19/04 Sec. 24. Subpoenas, witnesses The clerk of any United States court for the district ...

Patents - 35 USC Section 25

01/19/04 Sec. 25. Declaration in lieu of oath (a) The Director may by rule prescribe ...

Patents - 35 USC Section 26

01/19/04 Sec. 26. Effect of defective execution Any document to be filed in the Patent ...

Patents - 35 USC Section 32

01/19/04 Sec. 32. Suspension or exclusion from practice The Director may, after notice and opportunity ...

Patents - 35 USC Section 33

01/19/04 Sec. 33. Unauthorized representation as practitioner Whoever, not being recognized to practice before the ...

Patents - 35 USC Section 41

01/19/04 Sec. 41. Patent fees; patent and trademark search systems (a) The Director shall charge ...

Patents - 35 USC Section 42

01/19/04 Sec. 42. Patent and Trademark Office funding (a) All fees for services performed by ...

Patents - 35 USC Section 100

01/19/04 Sec. 100. Definitions When used in this title unless the context otherwise indicates - ...

Patents - 35 USC Section 101

01/19/04 Sec. 101. Inventions patentable Whoever invents or discovers any new and useful process, machine, ...

Patents - 35 USC Section 102

01/19/04 Sec. 102. Conditions for patentability; novelty and loss of right to patent ...

Patents - 35 USC Section 103

01/19/04 Sec. 103. Conditions for patentability; non-obvious subject matter (a) A patent may not be ...

Patents - 35 USC Section 104

01/19/04 Sec. 104. Invention made abroad (a) In General. - ...

Patents - 35 USC Section 105

01/19/04 Sec. 105. Inventions in outer space (a) Any invention made, used or sold in ...

Patents - 35 USC Section 111

01/19/04 Sec. 111. Application (a) In General. - ...

Patents - 35 USC Section 112

01/19/04 Sec. 112. Specification The specification shall contain a written description of the ...

Patents - 35 USC Section 113

01/19/04 Sec. 113. Drawings The applicant shall furnish a drawing where necessary for the ...

Patents - 35 USC Section 114

01/19/04 Sec. 114. Models, specimens The Director may require the applicant to furnish a model ...

Patents - 35 USC Section 115

01/19/04 Sec. 115. Oath of applicant The applicant shall make oath that he believes himself ...

Patents - 35 USC Section 116

01/19/04 Sec. 116. Inventors When an invention is made by two or more persons jointly, ...

Patents - 35 USC Section 117

01/19/04 Sec. 117. Death or incapacity of inventor Legal representatives of deceased inventors and of ...

Patents - 35 USC Section 118

01/19/04 Sec. 118. Filing by other than inventor Whenever an inventor refuses to execute an ...

Patents - 35 USC Section 119

01/19/04 Sec. 119. Benefit of earlier filing date; right of priority (a) An application for ...

Patents - 35 USC Section 120

01/19/04 Sec. 120. Benefit of earlier filing date in the United States An application for ...

Patents - 35 USC Section 121

01/19/04 Sec. 121. Divisional applications If two or more independent and distinct inventions are claimed ...

Patents - 35 USC Section 122

01/19/04 Sec. 122. Confidential status of applications; publication of patent applications ...

Patents - 35 USC Section 131

01/19/04 Sec. 131. Examination of application The Director shall cause an examination to be made ...

Patents - 35 USC Section 132

01/19/04 Sec. 132. Notice of rejection; reexamination (a) Whenever, on examination, any claim for a ...

Patents - 35 USC Section 133

01/19/04 Sec. 133. Time for prosecuting application Upon failure of the applicant to prosecute the ...

Patents - 35 USC Section 134

01/19/04 Sec. 134. Appeal to the Board of Patent Appeals and Interferences (a) Patent Applicant. ...

Patents - 35 USC Section 135

01/19/04 Sec. 135. Interferences (a) Whenever an application is made for a patent which, in ...

Patents - 35 USC Section 141

01/19/04 Sec. 141. Appeal to Court of Appeals for the Federal Circuit An applicant dissatisfied ...

Patents - 35 USC Section 142

01/19/04 Sec. 142. Notice of appeal When an appeal is taken to the United States ...

Patents - 35 USC Section 143

01/19/04 Sec. 143. Proceedings on appeal With respect to an appeal described in section 142 ...

Patents - 35 USC Section 144

01/19/04 Sec. 144. Decision on appeal The United States Court of Appeals for the Federal ...

Patents - 35 USC Section 145

01/19/04 Sec. 145. Civil action to obtain patent An applicant dissatisfied with the decision of ...

Patents - 35 USC Section 146

01/19/04 Sec. 146. Civil action in case of interference Any party to an interference dissatisfied ...

Patents - 35 USC Section 151

01/19/04 Sec. 151. Issue of patent If it appears that applicant is entitled to a ...

Patents - 35 USC Section 152

01/19/04 Sec. 152. Issue of patent to assignee Patents may be granted to the assignee ...

Patents - 35 USC Section 153

01/19/04 Sec. 153. How issued Patents shall be issued in the name of the United ...

Patents - 35 USC Section 154

01/19/04 Sec. 154. Contents and term of patent; provisional rights (a) In General. - ...

Patents - 35 USC Section 155

01/19/04 Sec. 155. Patent term extension Notwithstanding the provisions of section 154, the term of ...

Patents - 35 USC Section 155A

01/19/04 Sec. 155A. Patent term restoration (a) Notwithstanding section 154 of this title, the term ...

Patents - 35 USC Section 156

01/19/04 Sec. 156. Extension of patent term (a) The term of a patent which claims ...

Patents - 35 USC Section 157

01/19/04 Sec. 157. Statutory invention registration (a) Notwithstanding any other provision of this title, the ...

Patents - 35 USC Section 161

01/19/04 Sec. 161. Patents for plants Whoever invents or discovers and asexually reproduces any ...

Patents - 35 USC Section 162

01/19/04 Sec. 162. Description, claim No plant patent shall be declared invalid for noncompliance with ...

Patents - 35 USC Section 163

01/19/04 Sec. 163. Grant In the case of a plant patent, the grant shall include ...

Patents - 35 USC Section 164

01/19/04 Sec. 164. Assistance of Department of Agriculture The President may by Executive order direct ...

Patents - 35 USC Section 171

01/19/04 Sec. 171. Patents for designs Whoever invents any new, original and ornamental design for ...

Patents - 35 USC Section 172

01/19/04 Sec. 172. Right of priority The right of priority provided for by subsections (a) ...

Patents - 35 USC Section 173

01/19/04 Sec. 173. Term of design patent Patents for designs shall be granted for the ...

Patents - 35 USC Section 181

01/19/04 Sec. 181. Secrecy of certain inventions and withholding of patent Whenever publication or disclosure ...

Patents - 35 USC Section 182

01/19/04 Sec. 182. Abandonment of invention for unauthorized disclosure The invention disclosed in an application ...

Patents - 35 USC Section 183

01/19/04 Sec. 183. Right to compensation An applicant, his successors, assigns, or legal representatives, ...

Patents - 35 USC Section 184

01/19/04 Sec. 184. Filing of application in foreign country Except when authorized by a license ...

Patents - 35 USC Section 185

01/19/04 Sec. 185. Patent barred for filing without license Notwithstanding any other provisions of law ...

Patents - 35 USC Section 186

01/19/04 Sec. 186. Penalty Whoever, during the period or periods of time an invention has ...

Patents - 35 USC Section 187

01/19/04 Sec. 187. Nonapplicability to certain persons The prohibitions and penalties of this chapter shall ...

Patents - 35 USC Section 188

01/19/04 Sec. 188. Rules and regulations, delegation of power The Atomic Energy Commission, the Secretary ...

Patents - 35 USC Section 200

01/19/04 Sec. 200. Policy and objective It is the policy and objective of the Congress ...

Patents - 35 USC Section 201

01/19/04 Sec. 201. Definitions As used in this chapter - ...

Patents - 35 USC Section 202

01/19/04 Sec. 202. Disposition of rights (a) Each nonprofit organization or small business firm may, ...

Patents - 35 USC Section 203

01/19/04 Sec. 203. March-in rights (a) With respect to any subject invention in which a ...

Patents - 35 USC Section 204

01/19/04 Sec. 204. Preference for United States industry Notwithstanding any other provision of this chapter, ...

Patents - 35 USC Section 205

01/19/04 Sec. 205. Confidentiality Federal agencies are authorized to withhold from disclosure to ...

Patents - 35 USC Section 206

01/19/04 Sec. 206. Uniform clauses and regulations The Secretary of Commerce may issue regulations which ...

Patents - 35 USC Section 207

01/19/04 Sec. 207. Domestic and foreign protection of federally owned inventions ...

Patents - 35 USC Section 208

01/19/04 Sec. 208. Regulations governing Federal licensing The Secretary of Commerce is authorized to promulgate ...

Patents - 35 USC Section 209

01/19/04 Sec. 209. Licensing federally owned inventions (a) Authority. - A Federal agency may grant ...

Patents - 35 USC Section 210

01/19/04 Sec. 210. Precedence of chapter (a) This chapter shall take precedence over any other ...

Patents - 35 USC Section 211

01/19/04 Sec. 211. Relationship to antitrust laws Nothing in this chapter shall be deemed to ...

Patents - 35 USC Section 212

01/19/04 Sec. 212. Disposition of rights in educational awards No scholarship, fellowship, training grant, or ...

Patents - 35 USC Section 251

01/19/04 Sec. 251. Reissue of defective patents Whenever any patent is, through error without any ...

Patents - 35 USC Section 252

01/19/04 Sec. 252. Effect of reissue The surrender of the original patent shall take effect ...

Patents - 35 USC Section 253

01/19/04 Sec. 253. Disclaimer Whenever, without any deceptive intention, a claim of a patent is ...

Patents - 35 USC Section 254

01/19/04 Sec. 254. Certificate of correction of Patent and Trademark Office mistake ...

Patents - 35 USC Section 255

01/19/04 Sec. 255. Certificate of correction of applicant's mistake Whenever a mistake of a clerical ...

Patents - 35 USC Section 256

01/19/04 Sec. 256. Correction of named inventor Whenever through error a person is named in ...

Patents - 35 USC Section 261

01/19/04 Sec. 261. Ownership; assignment Subject to the provisions of this title, patents shall have ...

Patents - 35 USC Section 262

01/19/04 Sec. 262. Joint owners In the absence of any agreement to the contrary, each ...

Patents - 35 USC Section 267

01/19/04 Sec. 267. Time for taking action in Government applications Notwithstanding the provisions of sections ...

Patents - 35 USC Section 271

01/19/04 Sec. 271. Infringement of patent (a) Except as otherwise provided in this title, whoever ...

Patents - 35 USC Section 272

01/19/04 Sec. 272. Temporary presence in the United States The use of any invention in ...

Patents - 35 USC Section 273

01/19/04 Sec. 273. Defense to infringement based on earlier inventor (a) Definitions. - For purposes ...

Patents - 35 USC Section 281

01/19/04 Sec. 281. Remedy for infringement of patent A patentee shall have remedy by civil ...

Patents - 35 USC Section 282

01/19/04 Sec. 282. Presumption of validity; defenses A patent shall be presumed valid. Each claim ...

Patents - 35 USC Section 283

01/19/04 Sec. 283. Injunction The several courts having jurisdiction of cases under this title ...

Patents - 35 USC Section 284

01/19/04 Sec. 284. Damages Upon finding for the claimant the court shall award the claimant ...

Patents - 35 USC Section 285

01/19/04 Sec. 285. Attorney fees The court in exceptional cases may award reasonable attorney fees ...

Patents - 35 USC Section 286

01/19/04 Sec. 286. Time limitation on damages Except as otherwise provided by law, no recovery ...

Patents - 35 USC Section 287

01/19/04 Sec. 287. Limitation on damages and other remedies; marking and notice ...

Patents - 35 USC Section 288

01/19/04 Sec. 288. Action for infringement of a patent containing an invalid claim ...

Patents - 35 USC Section 289

01/19/04 Sec. 289. Additional remedy for infringement of design patent Whoever during the term of ...

Patents - 35 USC Section 290

01/19/04 Sec. 290. Notice of patent suits The clerks of the courts of the United ...

Patents - 35 USC Section 291

01/19/04 Sec. 291. Interfering patents The owner of an interfering patent may have relief against ...

Patents - 35 USC Section 292

01/19/04 Sec. 292. False marking (a) Whoever, without the consent of the patentee, marks upon, ...

Patents - 35 USC Section 293

01/19/04 Sec. 293. Nonresident patentee; service and notice Every patentee not residing in the United ...

Patents - 35 USC Section 294

01/19/04 Sec. 294. Voluntary arbitration (a) A contract involving a patent or any right under ...

Patents - 35 USC Section 295

01/19/04 Sec. 295. Presumption: Product made by patented process In actions alleging infringement of a ...

Patents - 35 USC Section 296

01/19/04 Sec. 296. Liability of States, instrumentalities of States, and State officials for infringement of patents ...

Patents - 35 USC Section 297

01/19/04 Sec. 297. Improper and deceptive invention promotion (a) In General. - An invention promoter ...

Patents - 35 USC Section 301

01/19/04 Sec. 301. Citation of prior art Any person at any time may cite to ...

Patents - 35 USC Section 302

01/19/04 Sec. 302. Request for reexamination Any person at any time may file a request ...

Patents - 35 USC Section 303

01/19/04 Sec. 303. Determination of issue by Director (a) Within three months following the filing ...

Patents - 35 USC Section 304

01/19/04 Sec. 304. Reexamination order by Director If, in a determination made under the provisions ...

Patents - 35 USC Section 305

01/19/04 Sec. 305. Conduct of reexamination proceedings After the times for filing the statement and ...

Patents - 35 USC Section 306

01/19/04 Sec. 306. Appeal The patent owner involved in a reexamination proceeding under ...

Patents - 35 USC Section 307

01/19/04 Sec. 307. Certificate of patentability, unpatentability, and claim cancellation ...

Patents - 35 USC Section 311

01/19/04 Sec. 311. Request for inter partes reexamination (a) In General. - Any third-party requester ...

Patents - 35 USC Section 312

01/19/04 Sec. 312. Determination of issue by Director (a) Reexamination. - Not later than 3 ...

Patents - 35 USC Section 313

01/19/04 Sec. 313. Inter partes reexamination order by Director If, in a determination made under ...

Patents - 35 USC Section 314

01/19/04 Sec. 314. Conduct of inter partes reexamination proceedings (a) In General. - Except as ...

Patents - 35 USC Section 315

01/19/04 Sec. 315. Appeal (a) Patent Owner. - The patent owner involved in an inter ...

Patents - 35 USC Section 316

01/19/04 Sec. 316. Certificate of patentability, unpatentability, and claim cancellation ...

Patents - 35 USC Section 317

01/19/04 Sec. 317. Inter partes reexamination prohibited (a) Order for Reexamination. - Notwithstanding any provision ...

Patents - 35 USC Section 318

01/19/04 Sec. 318. Stay of litigation Once an order for inter partes reexamination of a ...

Patents - 35 USC Section 351

01/19/04 Sec. 351. Definitions When used in this part unless the context otherwise indicates - ...

Patents - 35 USC Section 361

01/19/04 Sec. 361. Receiving Office (a) The Patent and Trademark Office shall act as a ...

Patents - 35 USC Section 362

01/19/04 Sec. 362. International Searching Authority and International Preliminary Examining Authority ...

Patents - 35 USC Section 363

01/19/04 Sec. 363. International application designating the United States: Effect ...

Patents - 35 USC Section 364

01/19/04 Sec. 364. International stage: Procedure (a) International applications shall be processed by the Patent ...

Patents - 35 USC Section 365

01/19/04 Sec. 365. Right of priority; benefit of the filing date of a prior application ...

Patents - 35 USC Section 366

01/19/04 Sec. 366. Withdrawn international application Subject to section 367 of this part, if an ...

Patents - 35 USC Section 367

01/19/04 Sec. 367. Actions of other authorities: Review (a) Where a Receiving Office other than ...

Patents - 35 USC Section 368

01/19/04 Sec. 368. Secrecy of certain inventions; filing international applications in foreign countries ...

Patents - 35 USC Section 371

01/19/04 Sec. 371. National stage: Commencement (a) Receipt from the International Bureau of copies of ...

Patents - 35 USC Section 372

01/19/04 Sec. 372. National stage: Requirements and procedure (a) All questions of substance and, within ...

Patents - 35 USC Section 373

01/19/04 Sec. 373. Improper applicant An international application designating the United States, shall ...

Patents - 35 USC Section 374

01/19/04 Sec. 374. Publication of international application The publication under the treaty defined in section ...

Patents - 35 USC Section 375

01/19/04 Sec. 375. Patent issued on international application: Effect (a) A patent may be issued ...

Patents - 35 USC Section 376

01/19/04 Sec. 376. Fees (a) The required payment of the international fee and the ...

Last modified: April 19, 2006