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35 USC - Patents

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Title 35 - Patents

Part I - United States Patent and Trademark Office
Chapter 1 - Establishment, Officers and Employees, Functions
§ 1 Establishment
§ 2 Powers and duties
§ 3 Officers and employees
§ 4 Restrictions on officers and employees as to interest in patents
§ 5 Patent and Trademark Office Public Advisory Committees
§ 6 Board of Patent Appeals and Interferences
§ 7 Library
§ 8 Classification of patents
§ 9 Certified copies of records
§ 10 Publications
§ 11 Exchange of copies of patents and applications with foreign countries
§ 12 Copies of patents and applications for public libraries
§ 13 Annual report to Congress
Chapter 2 - Proceedings in the Patent and Trademark Office
§ 21 Filing date and day for taking action
§ 22 Printing of papers filed
§ 23 Testimony in Patent and Trademark Office cases
§ 24 Subpoenas, witnesses
§ 25 Declaration in lieu of oath
§ 26 Effect of defective execution
Chapter 3 - Practice Before Patent and Trademark Office
§ 32 Suspension or exclusion from practice
§ 33 Unauthorized representation as practitioner
Chapter 4 - Patent Fees; Funding; Search Systems
§ 41 Patent fees; patent and trademark search systems
§ 42 Patent and Trademark Office funding
Part II - Patentability of Inventions and Grant of Patents
Chapter 10 - Patentability of Inventions
§ 100 Definitions
§ 101 Inventions patentable
§ 102 Conditions for patentability; novelty and loss of right to patent
§ 103 Conditions for patentability; non-obvious subject matter
§ 104 Invention made abroad
§ 105 Inventions in outer space
Chapter 11 - Application for Patent
§ 111 Application
§ 112 Specification
§ 113 Drawings
§ 114 Models, specimens
§ 115 Oath of applicant
§ 116 Inventors
§ 117 Death or incapacity of inventor
§ 118 Filing by other than inventor
§ 119 Benefit of earlier filing date; right of priority
§ 120 Benefit of earlier filing date in the United States
§ 121 Divisional applications
§ 122 Confidential status of applications; publication of patent applications
Chapter 12 - Examination of Application
§ 131 Examination of application
§ 132 Notice of rejection; reexamination
§ 133 Time for prosecuting application
§ 134 Appeal to the Board of Patent Appeals and Interferences
§ 135 Interferences
Chapter 13 - Review of Patent and Trademark Office Decisions
§ 141 Appeal to Court of Appeals for the Federal Circuit
§ 142 Notice of appeal
§ 143 Proceedings on appeal
§ 144 Decision on appeal
§ 145 Civil action to obtain patent
§ 146 Civil action in case of interference
Chapter 14 - Issue of Patent
§ 151 Issue of patent
§ 152 Issue of patent to assignee
§ 153 How issued
§ 154 Contents and term of patent; provisional rights
§ 155 Patent term extension
§ 155A Patent term restoration
§ 156 Extension of patent term
§ 157 Statutory invention registration
Chapter 15 - Plant Patents
§ 161 Patents for plants
§ 162 Description, claim
§ 163 Grant
§ 164 Assistance of Department of Agriculture
Chapter 16 - Designs
§ 171 Patents for designs
§ 172 Right of priority
§ 173 Term of design patent
Chapter 17 - Secrecy of Certain Inventions and Filing Applications in Foreign Country
§ 181 Secrecy of certain inventions and withholding of patent
§ 182 Abandonment of invention for unauthorized disclosure
§ 183 Right to compensation
§ 184 Filing of application in foreign country
§ 185 Patent barred for filing without license
§ 186 Penalty
§ 187 Nonapplicability to certain persons
§ 188 Rules and regulations, delegation of power
Chapter 18 - Patent Rights in Inventions Made With Federal Assistance
§ 200 Policy and objective
§ 201 Definitions
§ 202 Disposition of rights
§ 203 March-in rights
§ 204 Preference for United States industry
§ 205 Confidentiality
§ 206 Uniform clauses and regulations
§ 207 Domestic and foreign protection of federally owned inventions
§ 208 Regulations governing Federal licensing
§ 209 Licensing federally owned inventions
§ 210 Precedence of chapter
§ 211 Relationship to antitrust laws
§ 212 Disposition of rights in educational awards
Part III - Patents and Protection of Patent Rights
Chapter 25 - Amendment and Correction of Patents
§ 251 Reissue of defective patents
§ 252 Effect of reissue
§ 253 Disclaimer
§ 254 Certificate of correction of Patent and Trademark Office mistake
§ 255 Certificate of correction of applicant’s mistake
§ 256 Correction of named inventor
Chapter 26 - Ownership and Assignment
§ 261 Ownership; assignment
§ 262 Joint owners
Chapter 27 - Government Interests in Patents
§ 267 Time for taking action in Government applications
Chapter 28 - Infringement of Patents
§ 271 Infringement of patent
§ 272 Temporary presence in the United States
§ 273 Defense to infringement based on earlier inventor
Chapter 29 - Remedies for Infringement of Patent, and Other Actions
§ 281 Remedy for infringement of patent
§ 282 Presumption of validity; defenses
§ 283 Injunction
§ 284 Damages
§ 285 Attorney fees
§ 286 Time limitation on damages
§ 287 Limitation on damages and other remedies; marking and notice
§ 288 Action for infringement of a patent containing an invalid claim
§ 289 Additional remedy for infringement of design patent
§ 290 Notice of patent suits
§ 291 Interfering patents
§ 292 False marking
§ 293 Nonresident patentee; service and notice
§ 294 Voluntary arbitration
§ 295 Presumption: Product made by patented process
§ 296 Liability of States, instrumentalities of States, and State officials for infringement of patents
§ 297 Improper and deceptive invention promotion
Chapter 30 - Prior Art Citations to Office and Ex Parte Reexamination of Patents
§ 301 Citation of prior art
§ 302 Request for reexamination
§ 303 Determination of issue by Director
§ 304 Reexamination order by Director
§ 305 Conduct of reexamination proceedings
§ 306 Appeal
§ 307 Certificate of patentability, unpatentability, and claim cancellation
Chapter 31 - Optional Inter Partes Reexamination Procedures
§ 311 Request for inter partes reexamination
§ 312 Determination of issue by Director
§ 313 Inter partes reexamination order by Director
§ 314 Conduct of inter partes reexamination proceedings
§ 315 Appeal
§ 316 Certificate of patentability, unpatentability, and claim cancellation
§ 317 Inter partes reexamination prohibited
§ 318 Stay of litigation
Part IV - Patent Cooperation Treaty
Chapter 36 - International Stage
§ 361 Receiving Office
§ 362 International Searching Authority and International Preliminary Examining Authority
§ 363 International application designating the United States: Effect
§ 364 International stage: Procedure
§ 365 Right of priority; benefit of the filing date of a prior application
§ 366 Withdrawn international application
§ 367 Actions of other authorities: Review
§ 368 Secrecy of certain inventions; filing international applications in foreign countries
Chapter 37 - National Stage
§ 371 National stage: Commencement
§ 372 National stage: Requirements and procedure
§ 373 Improper applicant
§ 374 Publication of international application
§ 375 Patent issued on international application: Effect
§ 376 Fees