35-U.S.C.-253
§253 – Disclaimer
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Title 35 > Part III > Chapter 25 > Section 253
Details
- Reference: Section 253
- Legend: §253 – Disclaimer
- USCode Year: 2013
Provision Content
(a) In General.—Whenever a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid. A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of his interest in such patent. Such disclaimer shall be in writing, and recorded in the Patent and Trademark Office; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.
(b) Additional Disclaimer or Dedication.—In the manner set forth in subsection (a), any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112–29, §20(e), Sept. 16, 2011, 125 Stat. 334.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §65 (R.S. 4917).
Language is changed and substantive changes are introduced; (1) only a claim as a whole may be disclaimed, and (2) the provision regarding delay is omitted. See preliminary general description of bill.
See section 288.
The second paragraph is new and provides for the disclaiming or dedication of an entire patent, or any terminal part of the term, for example, a patentee may disclaim the last three years of the term of his patent.
Amendments
2011—Pub. L. 112–29 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, in subsec. (a), substituted Whenever for Whenever, without any deceptive intention,, and, in subsec. (b), substituted In the manner set forth in subsection (a), for In like manner.
1975—Pub. L. 93–596 substituted Patent and Trademark Office for Patent Office.
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
Effective Date of 1975 Amendment
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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-212 in the Legal Encyclopedia: Patents
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35-U.S.C.-251 in the Legal Encyclopedia: Protection
In this entry about 35-U.S.C.-251, find legal reference material, bibliographies and premiere content related to protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States protection-specific issues, written by authorities in the field.
Title 35 – Patents in the Legal Encyclopedia: Patent Rights
In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to patent rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States patent rights-specific issues, written by authorities in the field.
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