United States Code Title 35 - Patents
PART I — UNITED STATES PATENT
AND TRADEMARK OFFICE
CHAPTER 1 — ESTABLISHMENT, OFFICERS
AND EMPLOYEES, FUNCTIONS
Sec.
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
31 [Repealed].
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 DECISION
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 the 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 COUNTRIES
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
266 [Repealed.]
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 Presumptions: 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 35 — DEFINITIONS
351 Definitions.
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.
PART I — UNITED STATES PATENT
AND TRADEMARK OFFICE
CHAPTER 1 — ESTABLISHMENT,
OFFICERS AND EMPLOYEES, FUNCTIONS
Sec.
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 and 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.
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