Patent Act (35 U.S.C.) Index

Executive summary:

The U.S. Patent Act is found in Title 35 of the U.S. Code and contains the federal statutes governing patent law in the United States. This version of the Patent Act was updated in November 2005. This index contains links to each of the sections of the Patent Act found in Title 35. A word index is also available, but this index is outdated (1995). Users are encouraged to use the full text search capabilities of Bitlaw on the bottom of every page of the site. The context of the search can be restricted to the U.S. Patent Act, or to patent materials in general.

PATENT LAWS
United States Code
Title 35 - Patents

You may wish to go directly to one of the following sections of this index:

PART I - United States Patent And Trademark Office

Chapter 1 - Establishment, Officers and Employees, Functions
Chapter 2 - Proceedings In The Patent And Trademark Office
Chapter 3 - Practice Before Patent And Trademark Office
Chapter 4 - Patent Fees' Funding, Search Systems

PART II - Patentability Of Inventions And Grant Of Patents

Chapter 10 - Patentability Of Inventions
Chapter 11 - Application For Patent
Chapter 12 - Examination Of Application
Chapter 13 - Review Of Patent And Trademark Office Decision
Chapter 14 - Issue Of Patent
Chapter 15 - Plant Patents
Chapter 16 - Designs
Chapter 17 - Secrecy Of Certain Inventions And Filing Applications In Foreign Countries
Chapter 18 - Patent Rights In Inventions Made With Federal Assistance

PART III - Patents And Protection Of Patent Rights

Chapter 25 - Amendment And Correction Of Patents
Chapter 26 - Ownership And Assignment
Chapter 27 - Government Interests In Patents
Chapter 28 - Infringement Of Patents
Chapter 29 - Remedies For Infringement Of Patent, And Other Actions
Chapter 30 - Prior Art Citations To Office And Ex Parte Reexamination Of Patents
Chapter 31 - Optional Inter Partes Reexamination Procedures

PART IV - Patent Cooperation Treaty

Chapter 35 - Definitions
Chapter 36 - International Stage
Chapter 37 - National Stage

 

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

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] (Regulations for agents and attorneys).
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 of 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.