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U.S. Code, Title 35, Patents
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
Title 35—Patents
This title was enacted by act July 19, 1952, ch. 950, § 1, 66 Stat. 792
Part Sec.
I. United States Patent and Trademark Office 1
II. Patentability of Inventions and Grant of Patents 100
III. Patents and Protection of Patent Rights 251
IV. Patent Cooperation Treaty 351
1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–581, substituted "United States Patent and Trademark Office" for "Patent and Trademark Office" in item I.
1984—Pub. L. 98–622, title IV, § 403(b), Nov. 8, 1984, 98 Stat. 3392, added item IV.
Table Showing Disposition of All Sections of Former Title 35
Title 35 Former Sections
Title 35 New Sections
1 1
2 3
3 2
4 4
5 5
6 6
7 7
10 8
11 31, 32
11a 33
12 22
13 11
14 10
14a (See former § 78)
15 12
16 11(a) 1
17–19 Rep.
20 14
21 21
22 Rep.
23 Rep.
31 101, 102, 161
32 102(d), 119, 172
32a, 32b Rep.
33 111, 112, 162
34 113, 114
35 115
36 131
37 133, 267
38 Rep.
39 153
40 154
40a–40d Rep.
41 151
42–42f Rep.
43 Rep.
44 152
45 266
46 147
47 261
48 Rep.
49 287
50 292
51 132, 135
52 135
53 23
54–56 24
56a 164
57 134
58, 59 Rep.
59a 141; T. 28 § 1542
60 142
61 143
62 144
63 145, 146
64 251, 252
65 253
66 291
67 281, 284
68 T. 28 § 1498
69 102(g), 282
70 283–286, 290
71 288
72 102, 104
72a 146, 291
73 171
74, 75 289
76 114
77 173
78 12, 13, 41
79 42
80–87 Rep.
88 254
89–96 Elim.
101–108 Elim.
109 104
110–118a Elim.
119 T. 50 App. § 2371
151 181
152 182
153 183
154 184
155 185
156 186
157 187
158 188
159 Rep.
Section 1 of act July 19, 1952, ch. 950, 66 Stat. 792, provided in part that this title may be cited as "Title 35, United States Code, section —."
Section 3 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that: "If any provision of Title 35, as enacted by section 1 hereof, is declared unconstitutional or is held invalid, the validity of the remainder of this title shall not be affected."
Effective Date; Savings Provision
Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that:
"(a) This Act [enacting this title] shall take effect on January 1, 1953 and shall apply to all applications for patent filed on or after such date and to all patents granted on such applications. It shall apply to further proceedings on applications pending on such date and to patents granted on such applications except as otherwise provided. It shall apply to unexpired patents granted prior to such date except as otherwise provided.
"(b) Section 102(d) of Title 35, as enacted by section 1 hereof, shall not apply to existing patents and pending applications, but the law previously in effect, namely the first paragraph of R. S. 4887 [first paragraph of section 32 of former Title 35], shall apply to such patents and applications.
"(c) Section 119, second paragraph, of Title 35 as enacted by section 1 hereof shall not apply to existing patents.
"(d) The period of one year specified in section 102(b) of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before August 5, 1940, and patents granted on such applications, and with respect to such applications and patents, said period is two years instead of one year.
"(e) Nothing contained in Title 35, as enacted by section 1 hereof, shall operate to nullify any judicial finding prior to the effective date of this Act on the validity of any patent by a court of competent jurisdiction.
"(f) Nothing in Title 35, as enacted by section 1 hereof, shall affect any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 724, 60 Stat. 755) [§ 2011 et seq. of Title 42, The Public Health and Welfare].
"(g) The period of one year specified in section 4 of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before the effective date of this Act.
"(h) The repeal of sections 1–9, 11, 12 of the Act of Congress approved February 1, 1952 (ch. 4, 66 Stat. 3) [sections 151 to 159 of former Title 35], shall not affect any rights or liabilities existing on the date of approval of this Act [July 19, 1952]. An order of secrecy issued under or in effect under the repealed Act and in effect on the date of approval of this Act, shall be considered as issued under this Act, and any claims arising under the repealed Act or subject to presentation and determination pursuant thereto and unsettled as of the effective date of this Act, may be presented and determined pursuant to the provisions of this Act [this title]."
Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large codified in this Act with the proviso that "Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal."
Title Referred to in Other Sections
This title is referred to in title 11 section 101; title 15 sections 278n, 3703; title 17 sections 912, 1329; title 42 section 12002.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "Title 35— Patents," U.S. Code, Title 35, Patents in U.S. Code, Title 35, Patents (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QC7Y9A8895U9QAT.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "Title 35— Patents." U.S. Code, Title 35, Patents, in U.S. Code, Title 35, Patents, Washington, D.C., Government Printing Office, 2002, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QC7Y9A8895U9QAT.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", 'Title 35— Patents' in U.S. Code, Title 35, Patents. cited in 2002, U.S. Code, Title 35, Patents, Government Printing Office, Washington, D.C.. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QC7Y9A8895U9QAT.
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