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35 USC TITLE 35 - PATENTS 01/06/03

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TITLE 35 - PATENTS

TITLE 35 - PATENTS

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THIS TITLE WAS ENACTED BY ACT JULY 19, 1952, CH. 950, SEC. 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

AMENDMENTS

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

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, Sec. 403(b), Nov. 8, 1984, 98

Stat. 3392, added item IV.

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 35

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Title 35 Title 35

Former Sections New Sections

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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 Sec. 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 Sec. 1542

60 142

61 143

62 144

63 145, 146

64 251, 252

65 253

66 291

67 281, 284

68 T. 28 Sec. 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. Sec. 2371

151 181

152 182

153 183

154 184

155 185

156 186

157 187

158 188

159 Rep.

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CITATION

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 - ."

SEPARABILITY

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) [Sec. 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]."

REPEALS

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."

-SECREF-

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.

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35 USC PART I - UNITED STATES PATENT AND TRADEMARK OFFICE 01/06/03

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TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

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PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

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Chap. Sec.

1. Establishment, Officers and Employees, Functions 1

2. Proceedings in the Patent and Trademark Office 21

3. Practice Before Patent and Trademark Office 31

4. Patent Fees; Funding; Search Systems 41

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title III, Sec. 13206(a)(4), Nov.

2, 2002, 116 Stat. 1904, substituted "Before" for "before" in

chapter 3 heading.

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(2), (3)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582,

substituted "UNITED STATES PATENT AND TRADEMARK OFFICE" for "PATENT

AND TRADEMARK OFFICE" in part heading and "Establishment, Officers

and Employees, Functions" for "Establishment, Officers, Functions"

in chapter 1 heading.

1991 - Pub. L. 102-204, Sec. 5(d)(2)(D), Dec. 10, 1991, 105 Stat.

1640, substituted "before" for "Before the" in chapter 3 heading

and inserted "; Funding; Search Systems" after "Fees" in chapter 4

heading.

1975 - Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949,

substituted "PATENT AND TRADEMARK OFFICE" for "PATENT OFFICE" in

part heading and in headings for chapters 2 and 3.

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