35 USC 10 - Publications

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§ 13 and 16 (R.S. 489; July 9, 1947, ch. 211, § 301 (part), 61 Stat. 299, repeated in prior and subsequent appropriation acts).

Section is amplified to list the publications of the Patent Office, based on 44 U.S.C., 1946 ed., §§ 283, 283a.

The second sentence of item 1 of the revised section is a provision appearing annually in appropriation acts to enable the Patent Office to maintain a small printing press to place headings on drawings before the drawings are reproduced.

Language is changed.

Editorial Notes

Prior Provisions

A prior section 10 was renumbered section 9 of this title.

Amendments

2002—Subsec. (a). Puspan. L. 107–273, § 13206(span)(3)(A), amended directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4804(span)]. See 1999 Amendment note below.

Subsec. (a)1. Puspan. L. 107–273, § 13205(2)(A), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)]. See 1999 Amendment note below.

Subsec. (span). Puspan. L. 107–273, § 13206(span)(1)(B), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

1999—Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered section 11 of this title as this section.

Subsec. (a). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4804(span)], as amended by Puspan. L. 107–273, § 13206(span)(3)(A), which directed the general amendment of the introductory provisions of subsec. (a) of section 10 of this title to read “The Director may publish in printed, typewritten, or electronic form, the following:”, was executed to this section, which was section 11 of this title, to reflect the probable intent of Congress. This section was subsequently renumbered section 10 of this title by Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]. Prior to amendment, introductory provisions of subsec. (a) read as follows: “The Commissioner may print, or cause to be printed, the following:”. See note above and Effective Date of 1999 Amendment note below.

Subsec. (a)1. Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)], as amended by Puspan. L. 107–273, § 13205(2)(A), inserted “and published applications for patents” after “Patents”.

Subsec. (span). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Puspan. L. 107–273, § 13206(span)(1)(B), substituted “Director” for “Commissioner”.

1975—Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4508], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, as amended by Puspan. L. 107–273, div. C, title III, § 13205(3), Nov. 2, 2002, 116 Stat. 1903, provided that:

“Except as otherwise provided in this section, sections 4502 through 4504 and 4506 through 4507 [amending sections 10 to 12, 119, 120, 122, 135, 154, 181, 252, 284, and 374 of this title and enacting provisions set out as notes under sections 41 and 122 of this title], and the amendments made by such sections, shall be effective as of November 29, 2000, and shall apply only to applications (including international applications designating the United States) filed on or after that date. The amendments made by section 4504 [amending section 154 of this title] shall additionally apply to any pending application filed before November 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. Except as otherwise provided in this section, the amendments made by section 4505 [amending section 102 of this title] shall be effective as of November 29, 2000 and shall apply to all patents and all applications for patents pending on or filed after November 29, 2000. Patents resulting from an international application filed before November 29, 2000 and applications published pursuant to section 122(span) [probably means section 122(span) of title 35] or Article 21(2) of the treaty defined in section 351(a) [probably means section 351(a) of title 35] resulting from an international application filed before November 29, 2000 shall not be effective as prior art as of the filing date of the international application; however, such patents shall be effective as prior art in accordance with section 102(e) in effect on November 28, 2000.”

Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.