-CITE-

35 USC CHAPTER 10 - PATENTABILITY OF INVENTIONS 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-MISC1-

Sec.

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.

AMENDMENTS

1990 - Pub. L. 101-580, Sec. 1(b), Nov. 15, 1990, 104 Stat. 2863,

added item 105.

-End-

-CITE-

35 USC Sec. 100 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

Sec. 100. Definitions

-STATUTE-

When used in this title unless the context otherwise indicates -

(a) The term "invention" means invention or discovery.

(b) The term "process" means process, art or method, and includes

a new use of a known process, machine, manufacture, composition of

matter, or material.

(c) The terms "United States" and "this country" mean the United

States of America, its territories and possessions.

(d) The word "patentee" includes not only the patentee to whom

the patent was issued but also the successors in title to the

patentee.

(e) The term "third-party requester" means a person requesting ex

parte reexamination under section 302 or inter partes reexamination

under section 311 who is not the patent owner.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 797; Pub. L. 106-113, div. B,

Sec. 1000(a)(9) [title IV, Sec. 4603], Nov. 29, 1999, 113 Stat.

1536, 1501A-567.)

-MISC1-

HISTORICAL AND REVISION NOTES

Paragraph (a) is added only to avoid repetition of the phrase

"invention or discovery" and its derivatives throughout the revised

title. The present statutes use the phrase "invention or discovery"

and derivatives.

Paragraph (b) is noted under section 101.

Paragraphs (c) and (d) are added to avoid the use of long

expressions in various parts of the revised title.

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-113 added subsec. (e).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective Nov. 29, 1999, and

applicable to any patent issuing from an original application filed

in the United States on or after that date, see section 1000(a)(9)

[title IV, Sec. 4608(a)] of Pub. L. 106-113, set out as a note

under section 41 of this title.

-End-

-CITE-

35 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

Sec. 101. Inventions patentable

-STATUTE-

Whoever invents or discovers any new and useful process, machine,

manufacture, or composition of matter, or any new and useful

improvement thereof, may obtain a patent therefor, subject to the

conditions and requirements of this title.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 797.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 31 (R.S. 4886, amended

(1) Mar. 3, 1897, ch. 391, Sec. 1, 29 Stat. 692, (2) May 23, 1930,

ch. 312, Sec. 1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, Sec. 1,

53 Stat. 1212).

The corresponding section of existing statute is split into two

sections, section 101 relating to the subject matter for which

patents may be obtained, and section 102 defining statutory novelty

and stating other conditions for patentability.

Section 101 follows the wording of the existing statute as to the

subject matter for patents, except that reference to plant patents

has been omitted for incorporation in section 301 and the word

"art" has been replaced by "process", which is defined in section

100. The word "art" in the corresponding section of the existing

statute has a different meaning than the same word as used in other

places in the statute; it has been interpreted by the courts as

being practically synonymous with process or method. "Process" has

been used as its meaning is more readily grasped than "art" as

interpreted, and the definition in section 100(b) makes it clear

that "process or method" is meant. The remainder of the definition

clarifies the status of processes or methods which involve merely

the new use of a known process, machine, manufacture, composition

of matter, or material; they are processes or methods under the

statute and may be patented provided the conditions for

patentability are satisfied.

-End-

-CITE-

35 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

Sec. 102. Conditions for patentability; novelty and loss of right

to patent

-STATUTE-

A person shall be entitled to a patent unless -

(a) the invention was known or used by others in this country, or

patented or described in a printed publication in this or a foreign

country, before the invention thereof by the applicant for patent,

or

(b) the invention was patented or described in a printed

publication in this or a foreign country or in public use or on

sale in this country, more than one year prior to the date of the

application for patent in the United States, or

(c) he has abandoned the invention, or

(d) the invention was first patented or caused to be patented, or

was the subject of an inventor's certificate, by the applicant or

his legal representatives or assigns in a foreign country prior to

the date of the application for patent in this country on an

application for patent or inventor's certificate filed more than

twelve months before the filing of the application in the United

States, or

(e) the invention was described in (1) an application for patent,

published under section 122(b), by another filed in the United

States before the invention by the applicant for patent or (2) a

patent granted on an application for patent by another filed in the

United States before the invention by the applicant for patent,

except that an international application filed under the treaty

defined in section 351(a) shall have the effects for the purposes

of this subsection of an application filed in the United States

only if the international application designated the United States

and was published under Article 21(2) of such treaty in the English

language; (!1) or

(f) he did not himself invent the subject matter sought to be

patented, or

(g)(1) during the course of an interference conducted under

section 135 or section 291, another inventor involved therein

establishes, to the extent permitted in section 104, that before

such person's invention thereof the invention was made by such

other inventor and not abandoned, suppressed, or concealed, or (2)

before such person's invention thereof, the invention was made in

this country by another inventor who had not abandoned, suppressed,

or concealed it. In determining priority of invention under this

subsection, there shall be considered not only the respective dates

of conception and reduction to practice of the invention, but also

the reasonable diligence of one who was first to conceive and last

to reduce to practice, from a time prior to conception by the

other.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 797; Pub. L. 92-358, Sec. 2, July

28, 1972, 86 Stat. 502; Pub. L. 94-131, Sec. 5, Nov. 14, 1975, 89

Stat. 691; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Secs. 4505, 4806], Nov. 29, 1999, 113 Stat. 1536, 1501A-565,

1501A-590; Pub. L. 107-273, div. C, title III, Sec. 13205(1), Nov.

2, 2002, 116 Stat. 1902.)

-MISC1-

HISTORICAL AND REVISION NOTES

Paragraphs (a), (b), and (c) are based on Title 35, U.S.C., 1946

ed., Sec. 31 (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, Sec. 1,

29 Stat. 692, (2) May 23, 1930, ch. 312, Sec. 1, 46 Stat. 376, (3)

Aug. 5, 1939, ch. 450, Sec. 1, 53 Stat. 1212).

No change is made in these paragraphs other than that due to

division into lettered paragraphs. The interpretation by the courts

of paragraph (a) as being more restricted than the actual language

would suggest (for example, "known" has been held to mean "publicly

known") is recognized but no change in the language is made at this

time. Paragraph (a) together with section 104 contains the

substance of Title 35, U.S.C., 1946 ed., Sec. 72 (R.S. 4923).

Paragraph (d) is based on Title 35, U.S.C., 1946 ed., Sec. 32,

first paragraph (R.S. 4887 (first paragraph), amended (1) Mar. 3,

1897, ch. 391, Sec. 3, 29 Stat. 692, 693, (2) Mar. 3, 1903, ch.

1019, Sec. 1, 32 Stat. 1225, 1226, (3) June 19, 1936, ch. 594, 49

Stat. 1529).

The section has been changed so that the prior foreign patent is

not a bar unless it was granted before the filing of the

application in the United States.

Paragraph (e) is new and enacts the rule of Milburn v.

Davis-Bournonville, 270 U.S. 390, by reason of which a United

States patent disclosing an invention dates from the date of filing

the application for the purpose of anticipating a subsequent

inventor.

Paragraph (f) indicates the necessity for the inventor as the

party applying for patent. Subsequent sections permit certain

persons to apply in place of the inventor under special

circumstances.

Paragraph (g) is derived from Title 35, U.S.C., 1946 ed., Sec. 69

(R.S. 4920, amended (1) Mar. 3, 1897, ch. 391, Sec. 2, 29 Stat.

692, (2) Aug. 5, 1939, ch. 450, Sec. 1, 53 Stat. 1212), the second

defense recited in this section. This paragraph retains the present

rules of law governing the determination of priority of invention.

Language relating specifically to designs is omitted for

inclusion in subsequent sections.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-273, amended Pub. L. 106-113,

Sec. 1000(a)(9) [title IV, Sec. 4505]. See 1999 Amendment note

below. Prior to being amended by Pub. L. 107-273, Pub. L. 106-113,

Sec. 1000(a)(9) [title IV, Sec. 4505], had amended subsec. (e) to

read as follows: "The invention was described in -

"(1) an application for patent, published under section 122(b),

by another filed in the United States before the invention by the

applicant for patent, except that an international application

filed under the treaty defined in section 351(a) shall have the

effect under this subsection of a national application published

under section 122(b) only if the international application

designating the United States was published under Article

21(2)(a) of such treaty in the English language; or

"(2) a patent granted on an application for patent by another

filed in the United States before the invention by the applicant

for patent, except that a patent shall not be deemed filed in the

United States for the purposes of this subsection based on the

filing of an international application filed under the treaty

defined in section 351(a); or".

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

Sec. 4505], as amended by Pub. L. 107-273, amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "the

invention was described in a patent granted on an application for

patent by another filed in the United States before the invention

thereof by the applicant for patent, or on an international

application by another who has fulfilled the requirements of

paragraphs (1), (2), and (4) of section 371(c) of this title before

the invention thereof by the applicant for patent, or".

Subsec. (g). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4806], amended subsec. (g) generally. Prior to amendment, subsec.

(g) read as follows: "before the applicant's invention thereof the

invention was made in this country by another who had not

abandoned, suppressed, or concealed it. In determining priority of

invention there shall be considered not only the respective dates

of conception and reduction to practice of the invention, but also

the reasonable diligence of one who was first to conceive and last

to reduce to practice, from a time prior to conception by the

other."

1975 - Par. (e). Pub. L. 94-131 inserted provision for

nonentitlement to a patent where the invention was described in a

patent granted on an international application by another who has

fulfilled the requirements of pars. (1), (2), and (4) of section

371(c) of this title before the invention thereof by the applicant

for patent.

1972 - Subsec. (d). Pub. L. 92-358 inserted reference to

inventions that were the subject of an inventors' certificate.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, Sec. 4505] of Pub. L.

106-113 effective Nov. 29, 2000 and applicable to all patents and

all applications for patents pending on or filed after Nov. 29,

2000, see section 1000(a)(9) [title IV, Sec. 4508] of Pub. L.

106-113, as amended, set out as a note under section 10 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and

applicable on and after that date to patent applications filed in

the United States and to international applications, where

applicable, see section 11 of Pub. L. 94-131, set out as an

Effective Date note under section 351 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3(b) of Pub. L. 92-358 provided that: "Section 2 of this

Act [amending this section] shall take effect six months from the

date when Articles 1 to 12 of the Paris Convention of March 20,

1883, for the Protection of Industrial Property, as revised at

Stockholm, July 14, 1967, come into force with respect to the

United States [Aug. 25, 1973] and shall apply to applications

thereafter filed in the United States."

SAVINGS PROVISION

Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, provided

that subsection (d) of this section should not apply to existing

patents and pending applications, but that the law previously in

effect, namely the first paragraph of R.S. 4887 [first paragraph of

section 32 of former Title 35], should apply to such patents and

applications. Said paragraph of section 32 provided that:

"No person otherwise entitled thereto shall be debarred from

receiving a patent for his invention or discovery, nor shall any

patent be declared invalid by reason of its having been first

patented or caused to be patented by the inventor or his legal

representatives or assigns in a foreign country, unless the

application for said foreign patent was filed more than twelve

months, in cases within the provisions of section 31 of this title,

and six months in cases of designs, prior to the filing of the

application in this country, in which case no patent shall be

granted in this country."

EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING PATENT CASES

Relief as to filing date of patent application or patent affected

by postal situation beginning on Mar. 18, 1970, and ending on or

about Mar. 30, 1970, but patents issued with earlier filing dates

not effective as prior art under subsec. (e) of this section of

such earlier filing dates, see note set out under section 111 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 172, 273, 363, 374,

375 of this title; title 15 section 638.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a comma.

-End-

-CITE-

35 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

Sec. 103. Conditions for patentability; non-obvious subject matter

-STATUTE-

(a) A patent may not be obtained though the invention is not

identically disclosed or described as set forth in section 102 of

this title, if the differences between the subject matter sought to

be patented and the prior art are such that the subject matter as a

whole would have been obvious at the time the invention was made to

a person having ordinary skill in the art to which said subject

matter pertains. Patentability shall not be negatived by the manner

in which the invention was made.

(b)(1) Notwithstanding subsection (a), and upon timely election

by the applicant for patent to proceed under this subsection, a

biotechnological process using or resulting in a composition of

matter that is novel under section 102 and nonobvious under

subsection (a) of this section shall be considered nonobvious if -

(A) claims to the process and the composition of matter are

contained in either the same application for patent or in

separate applications having the same effective filing date; and

(B) the composition of matter, and the process at the time it

was invented, were owned by the same person or subject to an

obligation of assignment to the same person.

(2) A patent issued on a process under paragraph (1) -

(A) shall also contain the claims to the composition of matter

used in or made by that process, or

(B) shall, if such composition of matter is claimed in another

patent, be set to expire on the same date as such other patent,

notwithstanding section 154.

(3) For purposes of paragraph (1), the term "biotechnological

process" means -

(A) a process of genetically altering or otherwise inducing a

single- or multi-celled organism to -

(i) express an exogenous nucleotide sequence,

(ii) inhibit, eliminate, augment, or alter expression of an

endogenous nucleotide sequence, or

(iii) express a specific physiological characteristic not

naturally associated with said organism;

(B) cell fusion procedures yielding a cell line that expresses

a specific protein, such as a monoclonal antibody; and

(C) a method of using a product produced by a process defined

by subparagraph (A) or (B), or a combination of subparagraphs (A)

and (B).

(c) Subject matter developed by another person, which qualifies

as prior art only under one or more of subsections (e), (f), and

(g) of section 102 of this title, shall not preclude patentability

under this section where the subject matter and the claimed

invention were, at the time the invention was made, owned by the

same person or subject to an obligation of assignment to the same

person.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 98-622, title I,

Sec. 103, Nov. 8, 1984, 98 Stat. 3384; Pub. L. 104-41, Sec. 1, Nov.

1, 1995, 109 Stat. 351; Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Sec. 4807(a)], Nov. 29, 1999, 113 Stat. 1536,

1501A-591.)

-MISC1-

HISTORICAL AND REVISION NOTES

There is no provision corresponding to the first sentence

explicitly stated in the present statutes, but the refusal of

patents by the Patent Office, and the holding of patents invalid by

the courts, on the ground of lack of invention or lack of

patentable novelty has been followed since at least as early as

1850. This paragraph is added with the view that an explicit

statement in the statute may have some stabilizing effect, and also

to serve as a basis for the addition at a later time of some

criteria which may be worked out.

The second sentence states that patentability as to this

requirement is not to be negatived by the manner in which the

invention was made, that is, it is immaterial whether it resulted

from long toil and experimentation or from a flash of genius.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-113 substituted "one or more of

subsections (e), (f), and (g)" for "subsection (f) or (g)".

1995 - Pub. L. 104-41 designated first and second pars. as

subsecs. (a) and (c), respectively, and added subsec. (b).

1984 - Pub. L. 98-622 inserted "Subject matter developed by

another person, which qualifies as prior art only under subsection

(f) or (g) of section 102 of this title, shall not preclude

patentability under this section where the subject matter and the

claimed invention were, at the time the invention was made, owned

by the same person or subject to an obligation of assignment to the

same person."

EFFECTIVE DATE OF 1999 AMENDMENT

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

4807(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-591, provided that:

"The amendment made by this section [amending this section] shall

apply to any application for patent filed on or after the date of

the enactment of this Act [Nov. 29, 1999]."

EFFECTIVE DATE OF 1995 AMENDMENT

Section 3 of Pub. L. 104-41 provided that: "The amendments made

by section 1 [amending this section] shall apply to any application

for patent filed on or after the date of enactment of this Act

[Nov. 1, 1995] and to any application for patent pending on such

date of enactment, including (in either case) an application for

the reissuance of a patent."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 106 of Pub. L. 98-622 provided that:

"(a) Subject to subsections (b), (c), (d), and (e) of this

section, the amendments made by this Act [probably should be "this

title", meaning title I of Pub. L. 98-622, enacting section 157 of

this title, amending this section and sections 116, 120, 135, and

271 of this title, and enacting a provision set out as a note under

section 157 of this title] shall apply to all United States patents

granted before, on, or after the date of enactment of this Act

[Nov. 8, 1984], and to all applications for United States patents

pending on or filed after the date of enactment.

"(b) The amendments made by this Act shall not affect any final

decision made by the court or the Patent and Trademark Office

before the date of enactment of this Act [Nov. 8, 1984], with

respect to a patent or application for patent, if no appeal from

such decision is pending and the time for filing an appeal has

expired.

"(c) Section 271(f) of title 35, United States Code, added by

section 101 of this Act shall apply only to the supplying, or

causing to be supplied, of any component or components of a

patented invention after the date of enactment of this Act [Nov. 8,

1984].

"(d) No United States patent granted before the date of enactment

of this Act [Nov. 8, 1984] shall abridge or affect the right of any

person or his successors in business who made, purchased, or used

prior to such effective date anything protected by the patent, to

continue the use of, or to sell to others to be used or sold, the

specific thing so made, purchased, or used, if the patent claims

were invalid or otherwise unenforceable on a ground obviated by

section 103 or 104 of this Act [amending this section and sections

116 and 120 of this title] and the person made, purchased, or used

the specific thing in reasonable reliance on such invalidity or

unenforceability. If a person reasonably relied on such invalidity

or unenforceability, the court before which such matter is in

question may provide for the continued manufacture, use, or sale of

the thing made, purchased, or used as specified, or for the

manufacture, use, or sale of which substantial preparation was made

before the date of enactment of this Act, and it may also provide

for the continued practice of any process practiced, or for the

practice of which substantial preparation was made, prior to the

date of enactment, to the extent and under such terms as the court

deems equitable for the protection of investments made or business

commenced before the date of enactment.

"(e) The amendments made by this Act shall not affect the right

of any party in any case pending in court on the date of enactment

[Nov. 8, 1984] to have their rights determined on the basis of the

substantive law in effect prior to the date of enactment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 273, 282 of this title.

-End-

-CITE-

35 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

Sec. 104. Invention made abroad

-STATUTE-

(a) In General. -

(1) Proceedings. - In proceedings in the Patent and Trademark

Office, in the courts, and before any other competent authority,

an applicant for a patent, or a patentee, may not establish a

date of invention by reference to knowledge or use thereof, or

other activity with respect thereto, in a foreign country other

than a NAFTA country or a WTO member country, except as provided

in sections 119 and 365 of this title.

(2) Rights. - If an invention was made by a person, civil or

military -

(A) while domiciled in the United States, and serving in any

other country in connection with operations by or on behalf of

the United States,

(B) while domiciled in a NAFTA country and serving in another

country in connection with operations by or on behalf of that

NAFTA country, or

(C) while domiciled in a WTO member country and serving in

another country in connection with operations by or on behalf

of that WTO member country,

that person shall be entitled to the same rights of priority in

the United States with respect to such invention as if such

invention had been made in the United States, that NAFTA country,

or that WTO member country, as the case may be.

(3) Use of information. - To the extent that any information in

a NAFTA country or a WTO member country concerning knowledge,

use, or other activity relevant to proving or disproving a date

of invention has not been made available for use in a proceeding

in the Patent and Trademark Office, a court, or any other

competent authority to the same extent as such information could

be made available in the United States, the Director, court, or

such other authority shall draw appropriate inferences, or take

other action permitted by statute, rule, or regulation, in favor

of the party that requested the information in the proceeding.

(b) Definitions. - As used in this section -

(1) the term "NAFTA country" has the meaning given that term in

section 2(4) of the North American Free Trade Agreement

Implementation Act; and

(2) the term "WTO member country" has the meaning given that

term in section 2(10) of the Uruguay Round Agreements Act.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 93-596, Sec. 1, Jan.

2, 1975, 88 Stat. 1949; Pub. L. 94-131, Sec. 6, Nov. 14, 1975, 89

Stat. 691; Pub. L. 98-622, title IV, Sec. 403(a), Nov. 8, 1984, 98

Stat. 3392; Pub. L. 103-182, title III, Sec. 331, Dec. 8, 1993, 107

Stat. 2113; Pub. L. 103-465, title V, Sec. 531(a), Dec. 8, 1994,

108 Stat. 4982; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582;

Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2,

2002, 116 Stat. 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 109 (Aug. 8, 1946, ch.

910, 60 Stat. 943).

Language has been changed and the last sentence has been

broadened to refer to persons serving in connection with operations

by or on behalf of the United States, instead of solely in

connection with the prosecution of the war.

-REFTEXT-

REFERENCES IN TEXT

Section 2(4) of the North American Free Trade Agreement

Implementation Act, referred to in subsec. (b)(1), is classified to

section 3301(4) of Title 19, Customs Duties.

Section 2(10) of the Uruguay Round Agreements Act, referred to in

subsec. (b)(2), is classified to section 3501(10) of Title 19.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-273 made technical correction

to directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (a)(3). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1994 - Pub. L. 103-465 amended section generally, expanding scope

of section to include WTO member countries along with NAFTA

countries and defining term "WTO member country".

1993 - Pub. L. 103-182 amended section catchline and text

generally. Prior to amendment, text read as follows: "In

proceedings in the Patent and Trademark Office and in the courts,

an applicant for a patent, or a patentee, may not establish a date

of invention by reference to knowledge or use thereof, or other

activity with respect thereto, in a foreign country, except as

provided in sections 119 and 365 of this title. Where an invention

was made by a person, civil or military, while domiciled in the

United States and serving in a foreign country in connection with

operations by or on behalf of the United States, he shall be

entitled to the same rights of priority with respect to such

invention as if the same had been made in the United States."

1984 - Pub. L. 98-622 substituted "Patent and Trademark Office"

for "Patent Office".

1975 - Pub. L. 94-131 inserted in exception provision reference

to section 365 of this title relating to priority of applications

having benefit of filing date of prior applications.

Pub. L. 93-596 substituted "Patent and Trademark Office" for

"Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 531(b) of Pub. L. 103-465 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendment made by this section [amending this section] shall apply

to all patent applications that are filed on or after the date that

is 12 months after the date of entry into force of the WTO

Agreement with respect to the United States [Jan. 1, 1995].

"(2) Establishment of date. - An applicant for a patent, or a

patentee, may not establish a date of invention for purposes of

title 35, United States Code, that is earlier than 12 months after

the date of entry into force of the WTO Agreement with respect to

the United States by reference to knowledge or use, or other

activity, in a WTO member country, except as provided in sections

119 and 365 of such title."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 applicable to all patent

applications filed on or after Dec. 8, 1993, provided that

applicant for a patent, or a patentee, may not establish a date of

invention by reference to knowledge or use thereof, or other

activity with respect thereto, in NAFTA country, except as provided

in sections 119 and 365 of this title, that is earlier than Dec. 8,

1993, see section 335(b) of Pub. L. 103-182, set out as a note

under section 1052 of Title 15, Commerce and Trade.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective on Nov. 8, 1984, see

section 406(a) of Pub. L. 98-622, set out as a note under section

351 of this title.

EFFECTIVE DATE OF 1975 AMENDMENTS

Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and

applicable on and after that date to patent applications filed in

the United States and to international applications, where

applicable, see section 11 of Pub. L. 94-131, set out as an

Effective Date note under section 351 of this title.

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11, 102, 119 of this

title.

-End-

-CITE-

35 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 - PATENTABILITY OF INVENTIONS

-HEAD-

Sec. 105. Inventions in outer space

-STATUTE-

(a) Any invention made, used or sold in outer space on a space

object or component thereof under the jurisdiction or control of

the United States shall be considered to be made, used or sold

within the United States for the purposes of this title, except

with respect to any space object or component thereof that is

specifically identified and otherwise provided for by an

international agreement to which the United States is a party, or

with respect to any space object or component thereof that is

carried on the registry of a foreign state in accordance with the

Convention on Registration of Objects Launched into Outer Space.

(b) Any invention made, used or sold in outer space on a space

object or component thereof that is carried on the registry of a

foreign state in accordance with the Convention on Registration of

Objects Launched into Outer Space, shall be considered to be made,

used or sold within the United States for the purposes of this

title if specifically so agreed in an international agreement

between the United States and the state of registry.

-SOURCE-

(Added Pub. L. 101-580, Sec. 1(a), Nov. 15, 1990, 104 Stat. 2863.)

-MISC1-

EFFECTIVE DATE; SPECIAL RULES

Section 2 of Pub. L. 101-580 provided that:

"(a) Effective Date. - Subject to subsections (b), (c), and (d)

of this section, the amendments made by the first section of this

Act [enacting this section] shall apply to all United States

patents granted before, on, or after the date of enactment of this

Act [Nov. 15, 1990], and to all applications for United States

patents pending on or filed on or after such date of enactment.

"(b) Final Decisions. - The amendments made by the first section

of this Act [enacting this section] shall not affect any final

decision made by a court or the Patent and Trademark Office before

the date of enactment of this Act [Nov. 15, 1990] with respect to a

patent or an application for a patent, if no appeal from such

decision is pending and the time for filing an appeal has expired.

"(c) Pending Cases. - The amendments made by the first section of

this Act [enacting this section] shall not affect the right of any

party in any case pending in a court on the date of enactment of

this Act [Nov. 15, 1990] to have the party's rights determined on

the basis of the substantive law in effect before such date of

enactment.

"(d) Non-Applicability. - The amendments made by the first

section of this Act [enacting this section] shall not apply to any

process, machine, article of manufacture, or composition of matter,

an embodiment of which was launched prior to the date of enactment

of this Act [Nov. 15, 1990]."

-End-