U.S. Patent Act (35 U.S.C.) Word Index
Taken from the 9th Edition of the MPEP, Revision 10.2019. Last Revised June 2020.
Key Word Index
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
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
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)
Reissue: 251
Secrecy order: 181
What to contain: 111
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
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:
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:
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
Commerce, Department of, United States Patent and Trademark Office in: 1
Commerce, Secretary of:
Appointments by: 3
Commissioner for Patents:
Common ownership under joint research agreements: 102(c), 103 (pre-AIA)
Compensation, right to because of secrecy order: 183
Composition of matter:
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
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
Derived patents:
Deposit with United States Postal Service: 21
Depositions, Director may establish rules for: 23
Deputy Director: 3
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: 3
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:
Division of application: 121
Division of patent on reissue: 251
Drawing:
Duties of Director: 3
E
Effective filing date, definition: 100
Employees of United States Patent and Trademark Office: 3
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)
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:
Foreign countries, exchange of printed copies of patents and published application of patents with: 11
Foreign patentee:
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
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
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
To make application: 111
Inventors certificate priority right: 119
Issue of patent: 151
Issue fee: 41(a)(4)
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, 256
Mistake in patent, certificate thereof issued: 254, 255
Model, shall be furnished if required: 114
Money:
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
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: 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:
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
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 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
Photolithography, Headings of drawings printed: 10
Plant patents:
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:
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
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:
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
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:
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: 3
United States as designated office: 363 381, 386, 389, 390
United States, defined: 100
United States Patent and Trademark Office:
Unpatented article, penalty for deceptive marking: 292