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

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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: 27, 41(a)(7)

Abandonment of application by failure to prosecute: 133, 371

Abandonment of invention:

Bar to patent: 102 (pre-AIA)

By violation of secrecy: 182

Adjustment of patent term: 154(b)

Administrative Patent Judges: 6

Administrator, executor, or guardian: 117

Advice of counsel with respect to infringement: 298

Affidavits and depositions in contested cases, rules for taking: 23

Agreement to terminate derivation proceeding: 135

Agreement to terminate interference: 135 (pre-AIA)

Agriculture, Secretary of, to furnish information, and detail employees to Director for plant patent: 164

Allowance and issue of patents: 153

Allowance, notice of: 151

Amendment:

Copying claim of issued patent: 135 (pre-AIA)

Time for: 133, 135 (pre-AIA)

Annual indexes of patents: 10

Annual report of the Director: 13

Apostille on assignment: 261

Appeals to Patent Trial and Appeal Board: 134

Fee: 41(a)(6), 134

Hearing of: 6

Reexamination proceedings: 306

Appeals to Court of Appeals for the Federal Circuit: 141

Certificate of decision of Court recorded in the United States Patent and Trademark Office: 144

Determination of Appeal; revision of decision: 144

From Patent Trial and Appeal Board: 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, notified of interference: 135 (pre-AIA)

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 legally incapacitated inventors: 117

May be made by legal representative of deceased or legally incapacitated inventor: 117

Must be made within specified time after foreign application for right of priority: 119

Oath of inventor (See Oath in patent application)

Owned by Government: 267

Provisional: 111(b)

Publication: 102, 122(b), 181

Reissue: 251

Secrecy order: 181

What to contain: 111

When filed by other than inventor: 118, 121

Appointments, how made: 3

Arbitration of derivation proceeding: 135

Arbitration of interferences: 135 (pre-AIA)

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(d)(2)

Must be recorded in United States Patent and Trademark Office to issue patent to assignee: 152

Patent may issue to assignee: 152

Recording in Patent and Trademark Office: 261

Attorney fees in infringement suit: 285

Attorneys and agents:

May be refused recognition for misconduct: 32

Petition to District Court, Eastern District of Virginia: 32

Suspension or exclusion from practice: 32

Unauthorized practitioners: 33


B

Bars to grant of a patent: 102 (pre-AIA)

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 (See Patent Trial and Appeal Board): 6


C

Certificate of correction:

Applicant mistake: 255

Office mistake: 254

Certified copies:

Of drawings and specifications of patents issued: 9

Of records, furnished to Court of Appeals for the Federal Circuit in appeals: 143

Citation of prior art in patent: 301

Civil action:

Election of in case of derivation proceeding: 141

Infringement: 291

In case of derivation proceeding: 146

Jurisdiction, plurality of parties, foreign party: 146

To obtain patent: 145

Claim of patent:

Independent or dependent: 41(a)(2), 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: 8

Clerk of United States Court may summon witness in

Contested cases: 24

Must notify Director of patent suits: 290

Commerce, Department of, United States Patent and Trademark Office in: 1

Commerce, Secretary of:

Appointments by: 3

Commissioner for Patents:

How appointed and duties: 3

Member of Board: 6

Common ownership under joint research agreements: 102(c), 103 (pre-AIA)

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(d)(2)

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 legal incapacity of inventor: 117

Decisions in patent cases, printing of: 10

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, 201, 351

Derived patents:

Civil action: 146, 291

Jurisdiction: 146, 291

Time limit for filing for relief: 291

Deposit with United States Postal Service: 21

Depositions, Director may establish rules for: 23

Deputy Commissioner: 6

Member of Board: 6

Description of invention: 112

Design patents:

Double recovery, not allowed: 289

Fees: 41

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, 381, 386, 389, 390

Determination of patent term adjustment: 154

Director:

Annual report to Congress: 13

Consult with Patent Public Advisory Committee: 3

Duties of: 6

How appointed: 3

Intellectual Property Policy Issues, advises President, Federal Departments: 2

May disbar attorneys: 32

May establish charges: 41

May make rules for taking affidavits and depositions: 23

Member of Board: 6

Reexamination order: 304

Shall cause examination to be made: 131

To establish regulations: 3

To furnish court with grounds of decision, on appeal: 143

To prescribe rules and regulations governing recognition of attorneys and agents: 2

To sign patents or have name printed thereon and attested: 153

To superintend grant of patents: 3

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 recover costs: 288

Nature of: 253

Disclosure, inventor initiated: 102(b)

District Court for Eastern District of Virginia:

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

Part of patent: 154

Printing of: 10

When necessary: 113

Duties of Director: 3


E

Effective filing date, definition: 100

Elected office: 371, 372

Employees of United States 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, United States Patent and Trademark Office: 1

Examination:

Applicants shall be notified of rejection on: 132

To be made of application and alleged invention: 131

Exceptions to prior art: 102(b)

Exchange of United States Patent and Trademark Office Publications for other publications: 10

Exchange of printed copies of patents and published application of patents with foreign countries: 11

Executors, administrators or guardians: 117

Extension of time to reply fee: 41(a)(8)


F

Falsely making or labeling articles as patented: 292

Federal agency, defined: 201

Federal Assistance, inventions made with:

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

Fees:

Amount of: 41

For attorney awarded by court: 285

For records, publications, and services not specified in statute: 41(d)(2)

How paid and refunded: 42

Independent inventor, reduction: 41(h)

International: 361, 376

Nonprofit organization, reduction: 41(h)

Payable to Director: 42(a)

Small business, reduction: 41(h)

Small entity, reduction: 41(h), 133

To witness contested 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 patents and published application of patents with: 11

Foreign patentee:

Jurisdiction: 293

Service: 293

Foreign patents:

Copies of, exchanged for United States patents and published application of patents: 11

Prior, effect on United States application for patent: 102

Foreign priority: 119(a)-(d), 365

Fraudulent statements: 18 U.S.C. 1001

Funding agreement, defined: 201


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: 10

Infringement, patent: Action for: 281

Attorney fees: 285

By United States, time limitation in suit for: 286

Clerk of court to notify United States Patent and Trademark Office of suit: 290

Contributory: 271

Damages for: 284

Defenses in suit for: 273, 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

Interference, patent:

Agreements, between parties, relating to termination, to be filed in Patent and Trademark Office: 135 (pre-AIA)

Appeal to court: 141 (pre-AIA)

Arbitration: 135 (pre-AIA)

Determination of priority: 102 (pre-AIA), 135 (pre-AIA)

Parties to be notified of: 135 (pre-AIA)

Review of decision by civil action: 145 (pre-AIA), 146 (pre-AIA)

Rules for taking testimony: 23

International application: 351, 365, 366, 367, 375

Fees: 376

National phase in United States: 371

Priority rights: 365

International Bureau: 351, 361, 362, 371

International Design Application:

Application Requirements: 383

Examination: 389

Filing: 382

______ 384

Priority: 386

Publication: 390

International Preliminary Examining Authority: 362, 364, 368

International Searching Authority: 351, 362, 364, 368

International studies: 2

Inter partes review:

Appeal of: 319

Conduct of: 316

Decision of the Board: 318

Notice: 314

Petitions requirements: 312

Preliminary response to petition: 313

Relation to other proceedings: 315

Request: 311

Settlement: 317

Intervening rights on reissue: 252

Invalid patent claim disclaimer: 288

Invalidity of term extension: 282

Invention, defined: 100

Inventions promotion, improper and deceptive: 297

Inventions in outer space: 105

Inventions patentable: 101

Inventions previously patented: 102

Inventor:

Correction of patent: 256

Death or legal incapacity: 117

Definition: 100

Disclosure: 102(b)

May obtain patent: 101

Oath for joint: 116

Refuses to sign: 118

To make application: 111

Inventors certificate priority right: 119

Issue of patent: 151

Issue fee: 41(a)(4)

If not paid within three months, patent withheld: 151

Nonpayment: 41(c), 151

Payment of: 151


J

Joinder of parties in patent cases: 299

Joint inventors: 100, 116, 256

Joint owners: 262

Joint research agreement defined: 100

Joint research agreement, common ownership under: 102(c)

Jurisdiction of District Court for the Eastern District of Virginia: 32, 145, 146, 154, 293


L

Legal representative of deceased or legally incapacitated inventor: 117

Liability of States: 296

Libraries, public, copies of patents and published applications for patents for: 12, 41(d)

Library: 7

License for foreign filing: 184

Limitation on damages: 154, 286, 287


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

Micro entity defined: 123

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(a)(2)

Mutilation of records: 18 U.S.C. 2071


N

National Security: 3, 122, 181

National stage of international application: 371, 372

New matter inadmissible in reissue: 251

New matter, may not be introduced by amendment: 132

Nonjoinder of inventor: 256

Nonobviousness: 103

Nonprofit organization, defined: 201

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 patent suit, decision to be given United States 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

Joint inventors: 116

Made by inventor: 115

Requirements of: 115

To be made by legal representative if inventor is deceased or legally incapacitated: 115, 117

Obviousness: 103

Officer of United States Patent and Trademark Office may attest patents: 153

Officers and employees:

Of United States Patent and Trademark Office: 3

Of United States Patent and Trademark Office, restrictions on as to interests in patents: 4

Official Gazette:

Exchange for publications: 11

Printing and distribution of: 11

Public Advisory Committee Report: 5

Owners, joint: 262

Ownership interest, recordation of: 261


P

Paris Convention: 119

Patent and Trademark Office: See United States Patent and Trademark Office

Patent Cooperation Treaty:

Definitions: 351

Patent fees: 41

Disposition of: 42

Patent laws, printing of: 10

Patent pending, false marking as: 292

Patent Public Advisory Committee: 3, 5

Appointment, timing and basis: 5

Duties: 5

Consultation with Director: 3, 5

Patent term adjustment: 154

Patent term extension application: 156

Patentability, conditions for: 102, 103

Patentable inventions: 101

Patented article, marked as such: 287

Patent Trial and Appeal Board, how constituted: 6

Patentee:

Defined: 100

Patents:

Application for: 111

Assignment of: 261

Based on international application: 375

Certified copies of: 9

Classification of: 8

Contents and duration of: 154

Copies supplied to public libraries: 12, 41(d)(2)

Date, duration, and form: 154

Design (See Design Patents or International Design Applications)

Exchange of printed copies with foreign countries: 11

Fee on issuing: 41

Filing application in foreign country: 184

For what granted: 101

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(d)(2)

Printing of: 10

Reissuing of, when defective: 251

Rights of invention made with federal assistance: 200 - 212

Restrictions on officers and employees of United States Patent and Trademark Office as to interest in: 4

Surrender of, to take effect on reissue: 251

Term: 154, 156

Term adjustment: 154

Term extension: 156

Time of issue, payment of issue fee: 151

To be authenticated by seal of United States 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

Period for response: 21, 133

Photolithography, Headings of drawings printed: 10

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

Post-grant review:

Appeal of: 329

Conduct of: 326

Decision of the Board: 328

Initiation of: 321

Notice: 324

Petitions requirements: 322

Preliminary response to petition: 323

Relation to other proceedings: 325

Settlement: 327

Postal Service deposit: 21

Practical application, defined: 201

Pre-issuance opposition, when prohibited: 122

Presumption of product made by patented process: 295

Presumption of validity of patents: 282

Printed publication bar to a patent: 102(b) (pre‑AIA)

Printing:

Decisions in patent cases: 10

Of papers filed: 22

United States Patent and Trademark Office: 10

Printing headings of drawings by United States Patent and Trademark Office: 10

Prior art, defined: 102

Prior art, citation of: 301

Prior commercial use as a defense to infringement: 273

Priority, foreign: 119, 365, 386

Priority, right of, under treaty or law: 119

For design applications: 172, 386

Process defined: 100

Process Patent Amendment Act of 1988: 287

Process patentable: 101

Product made by patent process: 295

Property of United States Patent and Trademark Office: 2

Provisional applications: 111(b), 119(e)

Provisional rights: 154

Protest and pre-issuance opposition, when prohibited: 122(c)

Public use or sale: 102

Publication of international application, effect: 374

Publication of patent applications: 122, 181

Publications regarding patents and trademarks: 10


R

Receiving Office: 351, 361, 364, 367, 368

Recording of assignments: 261

Reexamination order by Director: 304, 313 (pre-AIA)

Reexamination procedure:

Appeal: 134, 141, 306, 315 (pre-AIA), 319, 329

Certificate of patentability, unpatentability, and claim cancellation: 307, 316 (pre-AIA)

Conduct of reexamination proceedings: 305, 314 (pre-AIA)

Determination of issue by Director: 303, 312 (pre-AIA)

Determination of new question: 303, 312 (pre-AIA)

Ex Parte: 302-307

Inter Partes: 311 (pre-AIA)-318 (pre‑AIA)

When prohibited: 317 (pre-AIA)

Reinstatement of proceedings: 27

Request: 302, 311 (pre-AIA)

Special dispatch: 305, 314 (pre-AIA)

Stay of litigation: 318 (pre-AIA)

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

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: 13

Request for reexamination proceeding: 302, 311 (pre-AIA)

Restrictions on officers and employees of United States Patent and Trademark Office as to interest in patents: 4

Retention of revenue: 2

Revival if delay unintentional: 133

Right of foreign priority: 365, 386

Right to compensation because of secrecy order: 183

Rules for taking testimony, Director to establish: 23

Rules of practice:

Authority for: 2

Printing of: 10


S

Saturday, time for action expiring on: 21

Seal of United States 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: 201

Small entity status: 2(b)(2), 41(h)

Specification(s):

Contents of: 112

If defective, reissue to correct: 251

Part of patent: 154

Printing of: 10, 41(d)(2)

Uncertified copies, price of: 41(d)(2)

Specimens, may be required: 114

Subpoenas to witnesses: 24

Suit against the United States: 286

Suit in equity (See Civil action)

Sunday, time for action expiring on: 21

Supplemental examination: 257

Surcharge for later filing of fee or oath: 111


T

Term extension:

For administrative delays: 154

For delays due to derivation proceedings, secrecy orders, and/or appellate review: 154

Regulatory review: 156

Term of patent:

Design: 173

Disclaimer of: 253

Extension: 156

Period: 154

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, 3, 10

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

Under Secretary of Commerce for Intellectual Property: 6

United States as designated office: 363 381, 386, 389, 390

United States, defined: 100

United States Patent and Trademark Office:

In Department of Commerce: 1

Library: 7

Printing: 10

Rules, authority for: 2

Seal of: 2

Unpatented article, penalty for deceptive marking: 292


V

Verified translation requirement: 372

Voluntary arbitration: 294


W

Withdrawal of international application: 366

Withdrawal of international design application: 388

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