Bitlaw

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

Executive summary:

Word Index: This portion of BitLaw contains the U.S. Patent Act (found in Title 35 of the United States Code) as amended by the Leahy-Smith America Invents Act. This document is a word index that was created for an earlier version of the Act. As a result, this word index is out of date. However, it may be helpful to some users to find particular sections of the Act, so this index remains. A particular section of the Patent Act can be found through the main index to this document.

INDEX OF PATENT LAWS

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

A


Abandoned applications, fee on petition to revive: 41(a)(7)
Abandonment of application by failure to prosecute: 133, 371
Abandonment of invention:
 Bar to patent: 102
 By violation of secrecy: 182
Administrator, executor, or guardian: 117
Affidavits and depositions in contested cases, rules for taking: 23
Agreement to terminate interference: 135
Agriculture, Secretary of, to furnish information, and detail employees to Commissioner of Patents and Trademarks for plant patent: 164
Allowance and issue of patents: 153
Allowance, notice of: 151
Amendment:
 Copying claim of issued patent: 135
 Time for: 133, 135
Annual indexes of patents: 11
Annual report of the Commissioner: 14
Apostille on assignment: 261
Appeals to Board of Patent Appeals and Interferences: 134
 Fee: 41(a)(6), 134
 Hearing of: 7
 Reexamination proceedings: 306
Appeals to Court of Appeals for the Federal Circuit: 141
 Certificate of decision of Court recorded in the Patent and Trademark Office: 144
 Determination of Appeal; revision of decision: 144
 From Board of Patent Appeals and Interferences: 141
 Grounds of decision to be furnished court: 143
 Notice of appeal: 142
 Proceedings on appeal: 143
Applicant for foreign patent, license required: 184
Applicant for international application: 373
Applicant, notified of interference: 135
Application:
Abandonment of, by failure to prosecute: 133
Assignment of: 261
 Confidential while pending: 122
 Continuing: 120
 Description; specification and claim: 112
 Divisional: 121
 Drawings: 113
 Effect of defective execution: 26
 Effective as of date of earliest foreign application in certain cases: 119
 Examination of invention: 131
 Fee on filing: 41(a)(1), 111
 For deceased or insane inventors: 117
 (Application:)
 May be made by legal representative of deceased or incapacitated inventor: 117
 Must be made within specified time after foreign application for right of priority: 119
 Oath of applicant (See Oath in patent application)
 Owned by Government: 267
 Provisional: 111
 Reissue: 251
 Secrecy order: 181
 What to contain: 111
 When filed by other than inventor: 118, 121
Appointments, how made: 3
Arbitration of interferences: 135
Arbitration, voluntary: 294
Article patented marked with number of patent: 287
Assignee:
 May file application in certain cases: 118
 May file divisional application: 121
 May file reissue application: 251
 Patent may be issued to: 152
Assignments, patent: 261
 Establishing prima facie execution of: 261
 Fees for recording: 41(a)(10)
 Must be recorded in Patent and Trademark Officeto issue patent to assignee: 152
 Patent may issue to assignee: 152
 Recording in Patent and Trademark Office: 261
Assistant Commissioners:
 How appointed and duties: 3
 Member of Board: 7
Assistant Secretary of Commerce: 3
Attorney fees in infringement suit: 285
Attorneys and agents:
 May be refused recognition for misconduct: 32
 Petition to District Court, D.C 32
 Rules for recognition made by Commissioner: 31
 Suspension or exclusion from practice: 31, 32
 Unauthorized practitioners: 33

B


Bars to grant of a patent: 102, 103
Benefit of earlier filing date in foreign country: 119
Benefit of earlier filing date in United States: 120
Best mode required: 112
Bill in equity (See Civil action)
Board of Patent Appeals and Interferences, how constituted: 7

C


Certificate of correction:
 Applicant's mistake: 255
 Fee for applicant's mistake: 41(a)(8)
 Office mistake: 254
Certified copies:
 Fee for certification: 41(a)(11)
 Of drawings and specifications of patents issued: 10
 Of records, furnished to Court of Appeals for theFederal Circuit in appeals: 143
Citation of prior art in patent: 301
Citizenship required in oath: 115
Civil action:
 Election of in case of interference: 141
 Infringement: 291
 In case of interference: 146
 Jurisdiction, plurality of parties, foreign party: 146
 To obtain patent: 145
Claim of patent:
 Independent or dependent: 41, 112
 Independent or dependent, validity: 282
 Invalid, effect of: 253
 Invalid, suits on patent with: 288
 Notice of rejection: 132
 Too extensive or narrow, remedy: 251
 What to cover: 112
Classification of patents: 9
Clerk of United States Court may summon witness inInterference cases: 24
 Must notify Commissioner of patent suits: 290
Commerce, Department of, Patent and Trademark Office in: 1
Commerce, Secretary of:
 Appointments by: 3
Commissioner under direction of: 6
 May vest functions: 3
 To approve rules: 6, 31
Commissioner:
 Annual report to Congress: 14
 Duties of: 6
 How appointed: 3
 May disbar attorneys: 32
 May establish charges: 41
 May make rules for taking affidavits and depositions: 23
 Member of Board: 7
 Reexamination order: 304
 Shall cause examination to be made: 131
 To establish regulations: 6
 To furnish court with grounds of decision, on appeal: 143
 To have charge of property: 6
 To prescribe rules and regulations governing recognitionof attorneys and agents: 31
 To sign patents or have name printed thereon and attested: 153
 To superintend grant of patents: 6
 Vacancy in office: 3
Commonly owned invention and reference subject matter: 103
Compensation, right to because of secrecy order: 183
Composition of matter:
 Patentable: 101
 Specimens of ingredients may be required: 114
Concealment of records: 18 U.S.C 2071
Confidential status of application: 122, 205
Continuing application: 120
Contributory infringement: 271
Copies of records, fees: 41
Correction of inventors in patent: 256
Correction of letters patent: 254, 255

D


Damages for infringement: 284
Day of taking any action or paying any fee falling on Saturday, Sunday, or holiday: 21
Death or incapacity of inventor: 117
Decisions in patent cases, printing of: 11
Declaration in lieu of oath: 25
Dedication of term: 253
Defective execution of documents, effect of: 26
Defenses in action for infringement: 282
Definitions: 100, 351
Deposit with United States Postal Service: 21
Depositions, Commissioner may establish rules for: 23
Deputy Commissioner: 3
 Member of Board: 7
Description of invention: 112
Design patents:
Double recovery, not allowed: 289
 Fees: 41(a)(3)
 For what granted: 171
 Liability for infringement of: 289
 Penalty for unauthorized use of patented design: 289
 Prior foreign applications: 172
 Right of priority: 172
 Subject to same provisions as other patents: 171
 Term of: 173
 Unauthorized use of: 289
Designated office: 363, 366, 367, 371, 372
Disbarment of attorneys and agents: 32
Disclaimer:
 Fee: 41(a)(5)
 How filed and by whom: 253
 Must be filed before commencement of suit to recovercosts: 288
 Nature of: 253
District Court for District of Columbia:
 Jurisdiction: 146
 Review of disbarment of attorneys and agents: 32
Division of application: 121
Division of patent on reissue: 251
Drawing:
 Attached to patent: 154
 Keeping of: 1
 Part of patent: 154
 Printing of: 11
 When necessary: 113
Duties of Commissioner: 6

E


Elected office: 371, 372
Employees of Patent and Trademark Office: 3
 How appointed: 3
 Restrictions on as to interest in patents: 4
English language: 361
Entry into national phase in United States: 371
Error in naming inventors: 116
Establishment of date of invention by reference toknowledge or use in foreign country: 104
Establishment, Patent and Trademark Office: 1
Examination:
 Applicants shall be notified of rejection on: 132
 To be made of application and alleged invention: 131
Examiner-in-chief:
 Duties of: 7
 How appointed: 3
 Pay rate: 3
 Qualifications: 7
 Temporary: 7
Exchange of Patent and Trademark Office Publicationsfor other publications: 11
Exchange of printed copies of patents with foreign countries: 12
Executors, administrators or guardians: 117
Extension of patent term: 155
Extension of time to reply fee: 41(a)(8)

F


Falsely making or labeling articles as patented: 292
Federal agency, defined: 200
Federal Assistance, inventions made with:
 Confidentiality: 205
 (Federal assistance, inventions made with:)
 Definitions: 201
 Disposition of rights: 202
 Domestic and foreign protection of federally owned inventions: 207
 Educational awards: 212
 March-in rights: 203
 Policy and objective of: 200
 Precedence of chapter over other Acts: 210
 Preference for United States industry: 204
 Regulations governing Federal licensing: 208
 Relationship to antitrust laws: 211
 Restrictions on licensing of federally ownedinventions: 209
 Uniform clauses and regulations: 206
Fees:
 Amount of: 41
For attorney awarded by court: 285
For records, publications, and services not specifiedin statute: 41
 How paid and refunded: 42
 (Fees:)
 Independent inventor, 50% reduction: 41(h)
 International: 361, 376
 Nonprofit organization, 50% reduction: 41(h)
 Payable to Commissioner: 42(a)
 Small business, 50% reduction: 41(h)
 Small entity, 50% reduction: 41(h)
 To witness interference cases: 24
Filing application by other than inventor: 118
Filing date requirements: 111
Filing fee: Amount of: 41(a)(1)
Foreign applications:
 License to file required: 184
 Penalty for filing without license: 185, 186
Foreign countries, exchange of printed copies of patentswith: 12
Foreign country, knowledge of use in, not used toestablish date of invention: 102, 104
Foreign patentee:
 Jurisdiction: 293
 Service: 293
Foreign patents:
 Copies of, exchanged for United States patents: 12
 Prior, effect on United States application for patent: 102
Foreign priority: 119(a)-(d), 365, 373
Fraudulent statements: 18 U.S.C 1001
Funding agreement, defined: 200

G


Government interests in patents: 267

H


Holiday, time for action expiring on: 21

I


Importation of products made by a patented process: 295
Improvements, patents may be granted for: 101
Indexes of patents and patentees, printing of: 11
Infringement, patent:
 Action for: 281
 Attorney fees: 285
 By United States, time limitation in suit for: 286
 Clerk of court to notify Patent and Trademark Office of suit: 290
 Contributory: 271
 Damages for: 284
 Defenses in suit for: 282
 Defined: 271
 Design patent: 289
Injunction: 283
 Notice of, necessary to recovery of damages: 287
 Pleading defense and special matters to be proved in suit: 282
 Suit for, when a claim is invalid: 288
 Temporary presence in United States: 272
 Time limitation: 286
Injunctions may be granted by court having jurisdiction: 283
Insane persons, patent applications of: 117
Interference, patent:
 Agreements, between parties, relating to termination, to be filed in Patent and Trademark Office: 135
 Appeal to court: 141
 Arbitration: 135
 Determination of priority: 102, 135
 Parties to be notified of: 135
 Review of decision by civil action: 145, 146
 Rules for taking testimony: 23
International application: 351, 365, 366, 367, 375
 Fees: 376
 National phase in United States: 371
 Priority rights: 365
Interfering patent:
 How set aside: 291
 Jurisdiction, plurality of parties, foreign party: 146, 291
 Relief against: 291
International Bureau: 351, 361, 362, 371
International Preliminary Examining Authority: 362, 364, 368
International Searching Authority: 351, 362, 364, 368
International studies and program funds: 6
Intervening rights on reissue: 252
Invalid patent claim disclaimer: 288
Invalidity of term extension: 282
Invention date as affected by activity abroad: 104
Invention, defined: 100
Invention made abroad: 104
Inventions in outer space: 105
Inventions patentable: 101
Inventions previously patented abroad: 102
Inventive step: 103
Inventor:
 Correction of patent: 256
 Death or incapacity: 117
 May obtain patent: 101
 Oath for joint: 116
 Refuses to sign: 118
 To make application: 111
Inventor's certificate as reference: 102
Inventor's certificate priority right: 119
Issue of patent: 151
Issue fee: 41
If not paid within three months, patent withheld: 151
 Nonpayment: 41, 151
 Payment of: 151

J


Joint inventors: 116, 256
Joint owners: 262
Jurisdiction of District Court for District of Columbia: 32

K


Knowledge or use in foreign country no bar to patent: 102

L


Legal representative of dead or incapacitated inventor: 117
Liability of States: 296
Libraries, public, copies of patents for: 13, 41
Library: 8
License for foreign filing: 184
Limitation on damages: 286

M


Machines patentable: 100
Maintenance fees: 41(b)
 Late payment: 41(c)
Manufactures patentable: 101
Marking articles falsely as patented: 292
Marking articles patented: 287
Misjoinder of inventor: 116, 202, 256
Mistake in patent, certificate thereof issued: 254, 255
Model, shall be furnished if required: 114
Money:
 Paid by mistake or in excess, refunded: 42
 Received for fees, etc., to be paid into Treasury: 42
Multiple dependent claim: 112
 Fee: 41
Mutilation of records: 18 U.S.C 2071

N


National stage of international application: 371, 372, 373
New matter inadmissible in reissue: 251
New matter, may not be introduced by amendment: 132
Nonjoinder of inventor: 256
Nonobviousness: 103
Nonprofit organization, defined: 200
Nonresident patentee: 293
Notice as regards patents:
 As to proof in infringement suits: 282
 Of allowance of patent: 151
 Of appeal to the Court of Appeals for the Federal Circuit: 142, 143
 Of interference: 135
 Of patent suit, decision to be given Patent and Trademark Office by clerk of court: 290
 Of rejection of an application: 132
 Of suit to be entered on file of patent: 290
 To the public by Federal agency: 209
 To the public that invention is patented: 287
Novelty: 102

O


Oath in patent application: 115, 152
 Before whom taken in foreign countries: 25, 115
 Before whom taken in the United States: 115
 Declaration in lieu of: 25
 (Oath in patent application:)
 Joint inventors: 116
 Must be made by inventor, if living: 115
 Requirements of: 115
 To be made by legal representative if inventor is dead or incapacitated: 117
Obviousness: 103
Officer of Patent and Trademark Office may attest patents: 153
Officers and employees:
Of Patent and Trademark Office: 3
Of Patent and Trademark Office, restrictions on as to interests in patents: 4
Official Gazette:
 Exchange for publications: 11
 Printing and distribution of: 11
Owners, joint: 262
Ownership assignment: 261

P


Paris Convention: 119
Patent and Trademark Office:
 In Department of Commerce: 1
 Library: 8
Printing: 11
 Rules, authority for: 6
 Seal of: 2
Patent Cooperation Treaty:
 Definitions: 351
Patent fees: 41
 Disposition of: 42
Patent laws, printing of: 11
Patent pending, false marking as: 292
Patent term extension: 155
Patent term extension application: 156
Patentability, conditions for: 102, 103
Patentable inventions: 101
Patented article, marked as such: 287
Patentee:
 Defined: 100
 Notified of interference: 135
Patents:
 Application for: 111
 Assignment of: 261
 Based on international application: 375
 Certified copies of: 10
 Classification of: 9
 Contents and duration of: 154
 Copies supplied to public libraries: 13, 41
 Copying claim of: 135
 Date, duration, and form: 154
 Design (See Design patents)
 Effect of adverse interference decision: 135
 Exchange of printed copies with foreign countries: 12
 Fee on issuing: 41
 Filing application in foreign country: 184
 (Patents:)
 For what granted: 101
 Foreign knowledge or use no bar to grant of: 102
 How issued, attested, and recorded: 153
 May be granted to assignee: 152
 May be withheld in certain cases: 181
 Obtainable by civil action: 145
Personal property: 261
Presumption of validity: 282
Price of copies: 41(a)(9)
Printing of: 11
 Reissuing of, when defective: 251
 Rights of invention made with federal assistance: 200 - 212
 Restrictions on officers and employees of Patent and Trademark Office as to interest in: 4
 Surrender of, to take effect on reissue: 251
 Term: 154, 155, 155A, 156
 Term extension: 155, 156
 Term restoration: 155A
 Time of issue, payment of issue fee: 151
 To be authenticated by seal of Patent and Trademark Office: 2
 When to issue: 151
 Withheld for nonpayment of issue fee: 151
Patent rights in inventions made with Federal assistance: 200 - 212
 Confidentiality: 205
 Definitions: 201
 Disposition of rights: 202
 Domestic and foreign protection of federally owned inventions: 207
 Educational awards: 212
 March-in rights: 203
Policy and objective of: 200
Precedence of chapter over other Acts: 210
Preference for United States industry: 204
 Regulations governing federal licensing: 208
 Relationship to antitrust laws: 211
 Restrictions on licensing of federally owned inventions: 209
 Uniform clauses and regulations: 206
Payment to international intergovernmental organizations: 6
Period for response: 21, 133
Photolithography: Headings of drawings printed: 11
Plant patents:
 Claim: 162, 164
 Description: 162, 163
 Fees: 41
 Nature of right: 163
Plants patentable: 161
 Secretary of Agriculture to furnish information and detail employees: 164
Pleading and proof in action for infringement: 282
Postal Service deposit: 21
Practical application, defined: 200
Presumption of product made by patented process: 295
Printed publication bar to a patent: 102
Presumption of validity of patents: 282
Printing:
 Decisions in patent cases: 11
 Of papers filed: 22
Patent and Trademark Office: 11
Printing headings of drawings by Patent and Trademark Office: 11
Prior art, citation of: 301
Prior patenting or publication bar to patent: 102
Priority, foreign: 119, 365
Priority of invention: 102
Priority of invention, determined by Board of Patent Appeals and Interferences: 135
Priority, right of, under treaty or law: 119
 For design applications: 172
Process defined: 100
Process Patent Amendment Act of 1988: 287
Process patentable: 101
Product made by patent process: 295
Property of Patent and Trademark Office: 1, 6
Public use or sale: 102
 Of invention bar to a patent: 102
Publication of international application effect: 374
Publications regarding patents and trademarks: 11

R


Receiving Office: 351, 361, 364, 367, 368
Recording of assignments: 261
Records of Patent and Trademark Office:
 Keeping of: 1
Reexamination order by Commissioner: 304
Reexamination procedure
 Appeal: 306
 Certificate of patentability, unpatentability, and claim cancellation: 307
 Conduct of reexamination proceedings: 305
 Determination of issue by Commissioner: 303
 Determination of new question: 303
Request: 302
 Special dispatch: 305
Reexamination to be made after first rejection, if desired: 132
References, to be cited on examination: 132
Refund of money paid by mistake or in excess: 42
Reissue of patents:
 Application fee: 41(a)(4)
 Application may be made by assignee in certain cases: 251
 By reason of defective claims: 251
 Effect of: 252
 For unexpired term of original patent: 251
 Intervening rights: 252
 Of defective patents: 251
 To contain no new matter: 251
Rejection, applicant shall be notified of reasons for: 132
Remedy for infringement of patent: 281
Removal of records: 18 U.S.C 2071
Report to Congress, annual: 14
Request for reexamination proceeding: 302
Restoration of patent: 155A
Restrictions on officers and employees of Patent and Trademark Office as to interest in patents: 4
Revival if delay unavoidable: 133
Right of foreign priority: 365
Right to compensation because of secrecy order: 183
Rules for taking testimony, Commissioner to establish: 23
Rules of practice:
 Authority for: 6
 Printing of: 11

S


Saturday, time for action expiring on: 21
Seal of Patent and Trademark Office: 2
Secrecy of applications: 122
Secrecy of certain inventions: 181 - 188
Secrecy of international application: 368
Secrecy order: 181
Small business firm, defined: 200
Specification(s):
 Contents of: 112
 If defective, reissue to correct: 251
 Keeping of: 1
 Part of patent: 154
 Printing of: 11, 41
 Uncertified copies, price of: 41
Specimens, may be required: 114
Statutory invention registration: 157
Subpoenas to witnesses: 24
Suit against the United States: 286
Suit in equity (See Civil action)
Sunday, time for action expiring on: 21
Surcharge for later filing of fee or oath: 111

T


Term extension:
 For delays due to interference, secrecy orders, and/or appellate review: 154
 Regulatory review: 156
Term of patent:
 Design: 173
 Disclaimer of: 253
 Extension: 155, 156
 Period: 154
 Restoration: 155A
Testimony, rules for taking: 23
Time:
 Expiring on Saturday, Sunday, or holiday: 21
 For payment of issue fee: 151
 For taking action in Government cases: 267
 Limitation on damages: 286
 Within which action must be taken: 133
Title of invention: 154
Trademark fees: 42(c)
Trademarks, reference to: 1, 2, 6, 11
Trademark Trial and Appeal Board pay rate: 3
Translation error in international application: 375

U


Unauthorized disclosure: 182
Unauthorized person may not lawfully assist persons in transaction of business before the Office: 33
United States as designated office: 363
United States, defined: 100
Unpatented article, penalty for deceptive marking: 292
Use in foreign countries, no bar to grant of patent: 102

V


Verified translation requirement: 372
Voluntary arbitration: 294

W


Withdrawal of international application: 366
Withholding of patent: 181
Witness:
 Failing to attend or refusing to testify: 24
 Fees of, interference cases: 24
 In interference summoned by clerk of United States court: 24
When in contempt, punishment: 24