35-U.S.C.-173
§173 – Term of Design Patent
Pathway
Title 35 > Part II > Chapter 16 > Section 173
Details
- Reference: Section 173
- Legend: §173 – Term of Design Patent
- USCode Year: 2013
Provision Content
Patents for designs shall be granted for the term of fourteen years from the date of grant.
(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 97–247, §16, Aug. 27, 1982, 96 Stat. 321; Pub. L. 103–465, title V, §532(c)(3), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–211, title I, §102(7), Dec. 18, 2012, 126 Stat. 1532.)
Amendment of Section
Pub. L. 112–211, title I, §§102(7), 103, Dec. 18, 2012, 126 Stat. 1532, provided that, effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States, and applicable only to certain applications filed on and after that effective date and patents issuing thereon, this section is amended by substituting 15 years for fourteen years. See 2012 Amendment note below.
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §77 (R.S. 4931). Language is changed slightly.
Amendments
2012—Pub. L. 112–211 substituted 15 years for fourteen years.
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 2012 Amendment
Amendment by Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States, and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as a note under section 100 of this title.
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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-171 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-171, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-144 in the Legal Encyclopedia: Inventions
In this entry about 35-U.S.C.-144, find legal reference material, bibliographies and premiere content related to inventions in the American Encyclopedia of Law, presenting a comprehensive view of the United States inventions-specific issues, written by authorities in the field.
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