Guide United States Patent Statute, 2013 Edition, United States Code, Title 35

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The proviso in the corresponding section of existing statute is omitted as being temporary in character and now obsolete. Section of the Process Patent Amendments Act of , referred to in subsec. The effective date of the Process Patent Amendments Act of , referred to in subsec. See section of Pub.

Section c of the Internal Revenue Code, referred to in subsec. The Public Health Service Act, referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section of Title 42 and Tables.

[USC04] 35 USC PART III: PATENTS AND PROTECTION OF PATENT RIGHTS

The Clinical Laboratories Improvement Act, referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section a of Title 42 and Tables. Amendment by section 3 g 2 of Pub. Amendment by section 20 i 4 , j of Pub. Whenever a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid.

Title 35 of the United States Code

The patentee shall recover no costs unless a disclaimer of the invalid claim has been entered at the Patent and Trademark Office before the commencement of the suit. The necessity for a disclaimer to recover on valid claims is eliminated. Nothing in this section shall prevent, lessen, or impeach any other remedy which an owner of an infringed patent has under the provisions of this title, but he shall not twice recover the profit made from the infringement. The clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Director, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought.

If any other patent is subsequently included in the action he shall give like notice thereof. Within one month after the decision is rendered or a judgment issued the clerk of the court shall give notice thereof to the Director. The Director shall, on receipt of such notices, enter the same in the file of such patent. This is the last sentence of R.

Prior to amendment, text read as follows: The provisions of the second paragraph of section shall apply to actions brought under this section. Amendment by section 3 h 1 of Pub. Provisions of 35 U. Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word "patent" or any word or number importing that the same is patented, for the purpose of deceiving the public; or.

Whoever marks upon, or affixes to, or uses in advertising in connection with any article, the words "patent applied for," "patent pending," or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public—.

Only the United States may sue for the penalty authorized by this subsection. This is a criminal provision. The first two paragraphs of the corresponding section of existing statute are consolidated, a new paragraph relating to false marking of "patent applied for" is added, and false advertising is included in all the offenses. The minimum fine which has been interpreted by the courts as a maximum, is replaced by a higher maximum. The informer action is included as additional to an ordinary criminal action. Prior to amendment, subsec. Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the patent or rights thereunder.

If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall have jurisdiction and summons shall be served by publication or otherwise as the court directs. The court shall have the same jurisdiction to take any action respecting the patent or rights thereunder that it would have if the patentee were personally within the jurisdiction of the court. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration.

Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract. In any such arbitration proceeding, the defenses provided for under section shall be considered by the arbitrator if raised by any party to the proceeding.

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The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration.

Any such modification shall govern the rights and obligations between such parties from the date of such modification. There shall be a separate notice prepared for each patent involved in such proceeding. Such notice shall set forth the names and addresses of the parties, the name of the inventor, and the name of the patent owner, shall designate the number of the patent, and shall contain a copy of the award.

If an award is modified by a court, the party requesting such modification shall give notice of such modification to the Director. The Director shall, upon receipt of either notice, enter the same in the record of the prosecution of such patent. If the required notice is not filed with the Director, any party to the proceeding may provide such notice to the Director.

Lecture 25 - Patentable Subject Matter 1

In actions alleging infringement of a process patent based on the importation, sale, offer for sale, or use of a product which is made from a process patented in the United States, if the court finds—. Section effective 6 months after Aug. Such remedies include damages, interest, costs, and treble damages under section , attorney fees under section , and the additional remedy for infringement of design patents under section For information regarding constitutionality of this section, as added by section 2 a 2 of Pub.


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  • 35 U.S. Code § 102 - Conditions for patentability; novelty.

Section effective with respect to violations that occur on or after Oct. A any department or agency of the Federal Government or of a State or local government;. B any nonprofit, charitable, scientific, or educational organization, qualified under applicable State law or described under section b 1 A of the Internal Revenue Code of ;. C any person or entity involved in the evaluation to determine commercial potential of, or offering to license or sell, a utility patent or a previously filed nonprovisional utility patent application;.

D any party participating in a transaction involving the sale of the stock or assets of a business; or. E any party who directly engages in the business of retail sales of products or the distribution of products; and.


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  8. The Commissioner of Patents shall notify the invention promoter of a complaint and provide a reasonable opportunity to reply prior to making such complaint publicly available. Section b 1 A of the Internal Revenue Code of , referred to in subsec. The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.

    Except as otherwise provided in Pub. Section applicable to any civil action commenced on or after Sept. If any such written statement or additional information is subject to an applicable protective order, such statement or information shall be redacted to exclude information that is subject to that order. If the person explains in writing the pertinency and manner of applying such prior art to at least one claim of the patent, the citation of such prior art and the explanation thereof will become a part of the official file of the patent.

    At the written request of the person citing the prior art, his or her identity will be excluded from the patent file and kept confidential. Section effective July 1, , and applicable to patents in force as of July 1, , or issued thereafter, see section 8 b of Pub.

    Any person at any time may file a request for reexamination by the Office of any claim of a patent on the basis of any prior art cited under the provisions of section The request must be in writing and must be accompanied by payment of a reexamination fee established by the Director pursuant to the provisions of section The request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested.

    Unless the requesting person is the owner of the patent, the Director promptly will send a copy of the request to the owner of record of the patent.

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    On his own initiative, and any time, the Director may determine whether a substantial new question of patentability is raised by patents and publications discovered by him or cited under the provisions of section or The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.

    Upon such a determination, the Director may refund a portion of the reexamination fee required under section If, in a determination made under the provisions of subsection a , the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question.

    The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any amendment to his patent and new claim or claims he may wish to propose, for consideration in the reexamination. If the patent owner files such a statement, he promptly will serve a copy of it on the person who has requested reexamination under the provisions of section Within a period of two months from the date of service, that person may file and have considered in the reexamination a reply to any statement filed by the patent owner.

    That person promptly will serve on the patent owner a copy of any reply filed. After the times for filing the statement and reply provided for by section have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections and In any reexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as claimed from the prior art cited under the provisions of section , or in response to a decision adverse to the patentability of a claim of a patent.

    No proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding under this chapter. All reexamination proceedings under this section, including any appeal to the Patent Trial and Appeal Board, will be conducted with special dispatch within the Office. Amendment by section 3 j 1 of Pub. The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section , and may seek court review under the provisions of sections to , with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent.

    The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the review. Prior to amendment, section related to request for inter partes reexamination. A copies of patents and printed publications that the petitioner relies upon in support of the petition; and. B affidavits or declarations of supporting evidence and opinions, if the petitioner relies on expert opinions;. Prior to amendment, section related to determination of issue by Director.

    Amendment by section 6 a of Pub. Amendment by section a of Pub. If an inter partes review petition is filed under section , the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accordance with section Amendment by section 6 c 3 A ii of Pub.

    Such notice shall include the date on which the review shall commence. The first paragraph introduces 3 legal concepts, the written description requirement, the enablement requirement , and the best mode requirement. The second paragraph limits the ability of claims to be too open-ended or unclear. Post-AIA section reads as follows:. The pre-AIA version of section [1] is not substantially different from this.

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    Cornell Law School Search Cornell. B the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor. B the subject matter disclosed had, before such subject matter was effectively filed under subsection a 2 , been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor ; or.

    C the subject matter disclosed and the claimed invention , not later than the effective filing date of the claimed invention , were owned by the same person or subject to an obligation of assignment to the same person. July 19, , ch. Language relating specifically to designs is omitted for inclusion in subsequent sections. Effective Date of Amendment Amendment by Pub. Effective Date of Amendment Pub.