Title 35 – Patents
Patents
Pathway
Details
- Reference: Title 35
- Legend: Patents
- USCode Year: 2013
Provision Content
Amendments
2012—Pub. L. 112–211, title I, §101(b), Dec. 18, 2012, 126 Stat. 1531, added item V.
1999—Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–581, substituted “United States Patent and Trademark Office” for “Patent and Trademark Office” in item I.
1984—Pub. L. 98–622, title IV, §403(b), Nov. 8, 1984, 98 Stat. 3392, added item IV.
Title 35 Former Sections |
Title 35 New Sections |
---|---|
1 | 1 |
2 | 3 |
3 | 2 |
4 | 4 |
5 | 5 |
6 | 6 |
7 | 7 |
10 | 8 |
11 | 31, 32 |
11a | 33 |
12 | 22 |
13 | 11 |
14 | 10 |
14a | (See former §78) |
15 | 12 |
16 | 11(a) 1 |
17–19 | Rep. |
20 | 14 |
21 | 21 |
22 | Rep. |
23 | Rep. |
31 | 101, 102, 161 |
32 | 102(d), 119, 172 |
32a, 32b | Rep. |
33 | 111, 112, 162 |
34 | 113, 114 |
35 | 115 |
36 | 131 |
37 | 133, 267 |
38 | Rep. |
39 | 153 |
40 | 154 |
40a–40d | Rep. |
41 | 151 |
42–42f | Rep. |
43 | Rep. |
44 | 152 |
45 | 266 |
46 | 147 |
47 | 261 |
48 | Rep. |
49 | 287 |
50 | 292 |
51 | 132, 135 |
52 | 135 |
53 | 23 |
54–56 | 24 |
56a | 164 |
57 | 134 |
58, 59 | Rep. |
59a | 141; T. 28 §1542 |
60 | 142 |
61 | 143 |
62 | 144 |
63 | 145, 146 |
64 | 251, 252 |
65 | 253 |
66 | 291 |
67 | 281, 284 |
68 | T. 28 §1498 |
69 | 102(g), 282 |
70 | 283–286, 290 |
71 | 288 |
72 | 102, 104 |
72a | 146, 291 |
73 | 171 |
74, 75 | 289 |
76 | 114 |
77 | 173 |
78 | 12, 13, 41 |
79 | 42 |
80–87 | Rep. |
88 | 254 |
89–96 | Elim. |
101–108 | Elim. |
109 | 104 |
110–118a | Elim. |
119 | T. 50 App. §2371 |
151 | 181 |
152 | 182 |
153 | 183 |
154 | 184 |
155 | 185 |
156 | 186 |
157 | 187 |
158 | 188 |
159 | Rep. |
Citation
Section 1 of act July 19, 1952, ch. 950, 66 Stat. 792, provided in part that this title may be cited as “Title 35, United States Code, section —.”
Separability
Section 3 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that: “If any provision of Title 35, as enacted by section 1 hereof, is declared unconstitutional or is held invalid, the validity of the remainder of this title shall not be affected.”
Effective Date; Savings Provision
Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that:
“(a) This Act [enacting this title] shall take effect on January 1, 1953 and shall apply to all applications for patent filed on or after such date and to all patents granted on such applications. It shall apply to further proceedings on applications pending on such date and to patents granted on such applications except as otherwise provided. It shall apply to unexpired patents granted prior to such date except as otherwise provided.
“(b) Section 102(d) of Title 35, as enacted by section 1 hereof, shall not apply to existing patents and pending applications, but the law previously in effect, namely the first paragraph of R. S. 4887 [first paragraph of section 32 of former Title 35], shall apply to such patents and applications.
“(c) Section 119, second paragraph, of Title 35 as enacted by section 1 hereof shall not apply to existing patents.
“(d) The period of one year specified in section 102(b) of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before August 5, 1940, and patents granted on such applications, and with respect to such applications and patents, said period is two years instead of one year.
“(e) Nothing contained in Title 35, as enacted by section 1 hereof, shall operate to nullify any judicial finding prior to the effective date of this Act on the validity of any patent by a court of competent jurisdiction.
“(f) Nothing in Title 35, as enacted by section 1 hereof, shall affect any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 724, 60 Stat. 755) [§2011 et seq. of Title 42, The Public Health and Welfare].
“(g) The period of one year specified in section 4 of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before the effective date of this Act.
“(h) The repeal of sections 1–9, 11, 12 of the Act of Congress approved February 1, 1952 (ch. 4, 66 Stat. 3) [sections 151 to 159 of former Title 35], shall not affect any rights or liabilities existing on the date of approval of this Act [July 19, 1952]. An order of secrecy issued under or in effect under the repealed Act and in effect on the date of approval of this Act, shall be considered as issued under this Act, and any claims arising under the repealed Act or subject to presentation and determination pursuant thereto and unsettled as of the effective date of this Act, may be presented and determined pursuant to the provisions of this Act [this title].”
Repeals
Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large codified in this Act with the proviso that “Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal.”
U.S. Encyclopedia of Law Coverage
Table I Title 35 in the Legal Encyclopedia: Patents
In this entry about Table I Title 35, 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.
Title 35 – Patents in the Legal Encyclopedia: Industrial Design
In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to industrial design in the American Encyclopedia of Law, presenting a comprehensive view of the United States industrial design-specific issues, written by authorities in the field.
Subchapter IV – Enforcement in the Legal Encyclopedia: Treaties
In this entry about Subchapter IV – Enforcement, find legal reference material, bibliographies and premiere content related to treaties in the American Encyclopedia of Law, presenting a comprehensive view of the United States treaties-specific issues, written by authorities in the field.
15-U.S.C.-1141E in the Legal Encyclopedia: Trademarks
In this entry about 15-U.S.C.-1141E, find legal reference material, bibliographies and premiere content related to trademarks in the American Encyclopedia of Law, presenting a comprehensive view of the United States trademarks-specific issues, written by authorities in the field.
Title 35 – Patents in the Legal Encyclopedia: Trademark Office
In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to trademark office in the American Encyclopedia of Law, presenting a comprehensive view of the United States trademark office-specific issues, written by authorities in the field.
Title 35 – Patents in the Legal Encyclopedia: Rights
In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States rights-specific issues, written by authorities in the field.
Title 35 – Patents in the Legal Encyclopedia: Protection
In this entry about Title 35 – Patents, 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.
Title 35 – Patents in the Legal Encyclopedia: Inventions
In this entry about Title 35 – Patents, 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.
Subchapter IV – Enforcement in the Legal Encyclopedia: International Law
In this entry about Subchapter IV – Enforcement, find legal reference material, bibliographies and premiere content related to international law in the American Encyclopedia of Law, presenting a comprehensive view of the United States international law-specific issues, written by authorities in the field.
26-U.S.C.-7122 in the Legal Encyclopedia: Agreements
In this entry about 26-U.S.C.-7122, find legal reference material, bibliographies and premiere content related to agreements in the American Encyclopedia of Law, presenting a comprehensive view of the United States agreements-specific issues, written by authorities in the field.
Topic Map
- Title 35/Part I – United States Patent and Trademark office
- Title 35/Part II – Patentability of Inventions and Grant of Patents
- Title 35/Part III – Patents and Protection of Patent Rights
- Title 35/Part IV – Patent Cooperation Treaty
- Title 35/Part V – The Hague Agreement Concerning International Registration of Industrial Designs
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