Redline Version (2011)
Patent Act (35 U.S.C.) Word Index
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