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35 USC CHAPTER 16 - DESIGNS 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 16 - DESIGNS

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CHAPTER 16 - DESIGNS

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Sec.

171. Patents for designs.

172. Right of priority.

173. Term of design patent.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 122 of this title.

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35 USC Sec. 171 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 16 - DESIGNS

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Sec. 171. Patents for designs

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Whoever invents any new, original and ornamental design for an

article of manufacture may obtain a patent therefor, subject to the

conditions and requirements of this title.

The provisions of this title relating to patents for inventions

shall apply to patents for designs, except as otherwise provided.

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(July 19, 1952, ch. 950, 66 Stat. 805.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 73 (R.S. 4929, amended

(1) May 9, 1902, ch. 783, 32 Stat. 193, (2) Aug. 5, 1939, ch. 450,

Sec. 1, 53 Stat. 1212; R.S. 4933).

The list of conditions specified in the corresponding section of

existing statute is omitted as unnecessary in view of the general

inclusion of all conditions applying to other patents. Language is

changed.

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35 USC Sec. 172 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 16 - DESIGNS

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Sec. 172. Right of priority

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The right of priority provided for by subsections (a) through (d)

of section 119 of this title and the time specified in section

102(d) shall be six months in the case of designs. The right of

priority provided for by section 119(e) of this title shall not

apply to designs.

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(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 103-465, title V,

Sec. 532(c)(2), Dec. 8, 1994, 108 Stat. 4987.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 32, part (R.S. 4887,

amended (1) Mar. 3, 1903, ch. 1019, Sec. 1, 32 Stat. 1225, 1226,

(2) June 19, 1936, ch. 594, 49 Stat. 1529, (3) Aug. 5, 1939, ch.

450, Sec. 1, 53 Stat. 1212).

This provision is taken from R.S. 4887 (see section 119) and made

a separate section.

AMENDMENTS

1994 - Pub. L. 103-465 substituted "subsections (a) through (d)

of section 119" for "section 119" and inserted at end "The right of

priority provided for by section 119(e) of this title shall not

apply to designs."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective 6 months after Dec. 8,

1994, and applicable to all patent applications filed in the United

States on or after that effective date, with provisions relating to

earliest filed patent application, see section 534(b)(1), (3) of

Pub. L. 103-465, set out as a note under section 154 of this title.

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35 USC Sec. 173 01/06/03

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TITLE 35 - PATENTS

PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 16 - DESIGNS

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Sec. 173. Term of design patent

-STATUTE-

Patents for designs shall be granted for the term of fourteen

years from the date of grant.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 97-247, Sec. 16,

Aug. 27, 1982, 96 Stat. 321; Pub. L. 103-465, title V, Sec.

532(c)(3), Dec. 8, 1994, 108 Stat. 4987.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 77 (R.S. 4931).

Language is changed slightly.

AMENDMENTS

1994 - Pub. L. 103-465 inserted "from the date of grant" after

"years".

1982 - Pub. L. 97-247 substituted "Patents for designs shall be

granted for the term of fourteen years" for "Patents for designs

may be granted for the term of three years and six months, or for

seven years, or for fourteen years, as the applicant, in his

application, elects".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective 6 months after Dec. 8,

1994, and applicable to all patent applications filed in the United

States on or after that effective date, with provisions relating to

earliest filed patent application, see section 534(b)(1), (3) of

Pub. L. 103-465, set out as a note under section 154 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-247 effective Oct. 1, 1982, see section

17(a) of Pub. L. 97-247, set out as a note under section 41 of this

title.

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