Based on Title 35, U.S.C., 1946 ed., § 40 (R.S. 4884, amended May 23, 1930, ch. 312, § 1, 46 Stat. 376).
The reference to plants is omitted for inclusion in another section and the reference to the title is shortened since the title is of no legal significance.
The wording of the granting clause is changed to “the right to exclude others from making, using, or selling”, following language used by the Supreme Court, to render the meaning clearer.
“United States” is defined in section 100.
The date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (c)(1), (2)(A), is the date of enactment of Puspan. L. 103–465, which was approved Dec. 8, 1994.
2013—Subsec. (span)(1)(A)(i)(II). Puspan. L. 112–274, § 1(h)(1)(A), which directed substitution of “of commencement of the national stage under section 371 in an international application” for “on which an international application fulfilled the requirements of section 371 of this title”, was executed by making the substitution for “on which an international application fulfilled the requirements of section 371”, to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 112–29, § 20(j). See 2011 Amendment note below.
Subsec. (span)(1)(B). Puspan. L. 112–274, § 1(h)(1)(B), substituted “the application under section 111(a) in the United States or, in the case of an international application, the date of commencement of the national stage under section 371 in the international application” for “the application in the United States” in introductory provisions.
Subsec. (span)(3)(B)(i). Puspan. L. 112–274, § 1(h)(2), substituted “no later than the date of issuance of the patent” for “with the written notice of allowance of the application under section 151”.
Subsec. (span)(4)(A). Puspan. L. 112–274, § 1(h)(3), substituted “the Director’s decision on the applicant’s request for reconsideration under paragraph (3)(B)(ii) shall have exclusive remedy” for “a determination made by the Director under paragraph (3) shall have remedy” and “the date of the Director’s decision on the applicant’s request for reconsideration” for “the grant of the patent”.
2012—Subsec. (a)(2). Puspan. L. 112–211, § 102(6)(A)(i), substituted “section 120, 121, 365(c), or 386(c)” for “section 120, 121, or 365(c)”.
Subsec. (a)(3). Puspan. L. 112–211, § 102(6)(A)(ii), substituted “section 119, 365(a), 365(span), 386(a), or 386(span)” for “section 119, 365(a), or 365(span)”.
Subsec. (d)(1). Puspan. L. 112–211, § 102(6)(B), inserted “or an international design application filed under the treaty defined in section 381(a)(1) designating the United States under Article 5 of such treaty” after “Article 21(2)(a) of such treaty” in introductory provisions.
2011—Subsec. (a)(2). Puspan. L. 112–29, § 20(j), struck out “of this title” after “365(c)”.
Subsec. (a)(3). Puspan. L. 112–29, § 20(j), struck out “of this title” after “365(span)”.
Subsec. (span)(1)(A)(i). Puspan. L. 112–29, § 20(j), in introductory provisions, struck out “of this title” after “132” and after “151”.
Subsec. (span)(1)(A)(i)(I). Puspan. L. 112–29, § 20(j), struck out “of this title” after “111(a)”.
Subsec. (span)(1)(A)(i)(II). Puspan. L. 112–29, § 20(j), struck out “of this title” after “371”.
Subsec. (span)(1)(A)(iii), (B)(ii). Puspan. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”.
Subsec. (span)(1)(C). Puspan. L. 112–29, § 3(j)(2)(B), amended span generally. Prior to amendment, span read as follows: “Guarantee or adjustments for delays due to interferences, secrecy orders, and appeals”.
Subsec. (span)(1)(C)(iii). Puspan. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”.
Subsec. (span)(4)(A). Puspan. L. 112–29, § 9(a), substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.
Subsec. (c)(2). Puspan. L. 112–29, § 20(j), in introductory provisions, struck out “of this title” after “285”.
Subsec. (c)(3). Puspan. L. 112–29, § 20(j), struck out “of this title” after “excluded by paragraph (2))”.
2002—Subsec. (span)(4)(A). Puspan. L. 107–273, § 13206(a)(8), struck out “, United States Code,” after “title 5”.
Subsec. (d)(4)(A). Puspan. L. 107–273, § 13204, amended subsec. (d)(4)(A) as in effect on Nov. 29, 2000, by substituting “the date of” for “the date on which the Patent and Trademark Office receives a copy of the” and “publication in the English language” for “international application in the English language”.
1999—Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4504(1)], inserted “; provisional rights” after “patent” in section catchline.
Subsec. (span). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4402(a)], amended span and text of subsec. (span) generally. Prior to amendment, text provided for interference delay or secrecy orders, extensions for appellate review, a limitations period, and a maximum period of 5 years duration for all extensions.
Subsec. (d). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4504(2)], added subsec. (d).
1996—Subsec. (c)(2). Puspan. L. 104–295 substituted “acts” for “Acts” in introductory provisions.
1994—Puspan. L. 103–465 amended section catchline and text generally. Prior to amendment, text read as follows: “Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, for the term of seventeen years, subject to the payment of fees as provided for in this title, of the right to exclude others from making, using, or selling the invention throughout the United States and, if the invention is a process, of the right to exclude others from using or selling throughout the United States, or importing into the United States, products made by that process,, referring to the specification for the particulars thereof. A copy of the specification and drawings shall be annexed to the patent and be a part thereof.”
1988—Puspan. L. 100–418 inserted “and, if the invention is a process, of the right to exclude others from using or selling throughout the United States, or importing into the United States, products made by that process,” after “United States”.
1980—Puspan. L. 96–517 substituted “payment of fees” for “payment of issue fees”.
1965—Puspan. L. 89–83 added “subject to the payment of issue fees as provided for in this title”.
Amendment by Puspan. L. 112–274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Puspan. L. 112–274, set out as a note under section 5 of this title.
Amendment by Puspan. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Puspan. L. 112–211, set out as a note under section 100 of this title.
Amendment by section 3(j)(1), (2)(B) of Puspan. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Puspan. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.
Amendment by section 9(a) of Puspan. L. 112–29 effective Sept. 16, 2011, and applicable to any civil action commenced on or after that date, see section 9(span) of Puspan. L. 112–29, set out as a note under section 1071 of Title 15, Commerce and Trade.
Amendment by section 20(j) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Puspan. L. 112–29, set out as a note under section 2 of this title.
Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4405(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–560, provided that:
Amendment by section 1000(a)(9) [title IV, § 4504] of Puspan. L. 106–113 effective Nov. 29, 2000, applicable only to applications (including international applications designating the United States) filed on or after that date, and additionally applicable to any pending application filed before Nov. 29, 2000, if such pending application is published pursuant to a request of the applicant under such procedures as may be established by the Director, see section 1000(a)(9) [title IV, § 4508] of Puspan. L. 106–113, as amended, set out as a note under section 10 of this title.
Puspan. L. 103–465, title V, § 534, Dec. 8, 1994, 108 Stat. 4990, provided that:
Amendment by Puspan. L. 100–418 effective 6 months after Aug. 23, 1988, and, subject to enumerated exceptions, applicable only with respect to products made or imported after such effective date, see section 9006 of Puspan. L. 100–418, set out as a note under section 271 of this title.
Amendment by Puspan. L. 96–517 effective Dec. 12, 1980, see section 8(a) of Puspan. L. 96–517, set out as a note under section 41 of this title.
Amendment by Puspan. L. 89–83 effective three months after July 24, 1965, see section 7(a) of Puspan. L. 89–83, set out as a note under section 41 of this title.
Puspan. L. 103–465, title V, § 532(a)(2), Dec. 8, 1994, 108 Stat. 4985, authorized the Commissioner of Patents and Trademarks to prescribe regulations for further limited reexamination of applications pending 2 years or longer and for examination of more than 1 independent and distinct invention in applications pending 3 years or longer, as of the effective date of section 154(a)(2) of this title, and to establish appropriate related fees.