INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Patent Laws and Regulations

Laws: Title 35, Parts I to IV, United States Code

Regulations: Title 37, Chapter I (Subchapter A, Parts 1, 3, 5, 7, 10, 15, and 15a and Subchapter B); Chapter IV and Chapter V, Code of Federal Regulations.

INDEX

PART I – PATENT AND TRADEMARK OFFICE

CHAPTER 1 – ESTABLISHMENT, OFFICERS, FUNCTIONS

Sec.

1. Establishment.

2. Seal.

3. Officers and employees.

4. Restrictions on officers and employees as to interests in patents.

5. [Repealed.]

6. Duties of Commissioner.

7. Board of Patent Appeals and Interferences.

8. Library.

9. Classification of patents.

10. Certified copies of records.

11. Publications

12. Exchange of copies of patents with foreign countries.

13. Copies of patents for public libraries.

14. Annual report to Congress.

CHAPTER 2 – PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE

21. Filing date and day for taking action.

22. Printing of papers filed.

23. Testimony in Patent and Trademark Office cases.

24. Subpoenas; witnesses.

25. Declaration in lieu of oath.

26. Effect of defective execution.

CHAPTER 3 – PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

31. Regulations for agents and attorneys.

32. Suspension or exclusion from practice.

33. Unauthorized representation as practitioner.

CHAPTER 4 – PATENT FEES’ FUNDING, SEARCH SYSTEMS

41. Patent fees; patent and trademark search systems.

42. Patent and Trademark Office funding.

PART II – PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 – PATENTABILITY OF INVENTIONS

100. Definitions.

101. Inventions patentable.

102. Conditions for patentability; novelty and loss of right to patent.

103. Conditions for patentability; non-obvious subject matter.

104. Invention made abroad.

105. Inventions in outer space.

CHAPTER 11 – APPLICATION FOR PATENT

111. Application.

112. Specification.

113. Drawings.

114. Models, specimens.

115. Oath of applicant.

116. Inventors.

117. Death or incapacity of inventor.

118. Filing by other than inventor.

119. Benefit of earlier filing date; right of priority.

120. Benefit of earlier filing date in the United States.

121. Divisional applications

122. Confidential status of applications.

CHAPTER 12 – EXAMINATION OF APPLICATION

131. Examination of application.

132. Notice of rejection; reexamination.

133. Time for prosecuting application.

134. Appeal to the Board of Patent Appeals and Interferences.

135. Interferences.

CHAPTER 13 – REVIEW OF PATENT AND TRADEMARK OFFICE DECISION

141. Appeal to Court of Appeals for the Federal Circuit.

142. Notice of appeal.

143. Proceedings on appeal.

144. Decision on appeal.

145. Civil action to obtain a patent.

146. Civil action in case of interference.

CHAPTER 14 – ISSUE OF PATENT

151. Issue of Patent.

152. Issue of patent to assignee.

153. How issued.

154. Contents and term of patent.

155. Patent term extension.

155A. A patent term restoration.

156. Extension of patent term.

157. Statutory invention registration.

CHAPTER 15 – PLANT PATENTS

161. Patents for plants.

162. Description, claim.

163. Grant.

164. Assistance of the Department of Agriculture.

CHAPTER 16 – DESIGNS

171. Patents for designs.

172. Right of priority

173. Term of design patent

181. Secrecy of certain inventions and withholding of patent.

182. Abandonment of invention for unauthorized disclosure.

183. Right to compensation.

184. Filing of application in foreign country.

185. Patent barred for filing without license.

186. Penalty.

187. Non-applicability to certain persons.

188. Rules and regulations, delegation of power.

CHAPTER 18 – PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE

200. Policy and objective.

201. Definitions.

202. Disposition of rights.

203. March-in rights.

204. Preference for United States industry.

205. Confidentiality.

206. Uniform clauses and regulations.

207. Domestic and foreign protection of federally owned inventions.

208. Regulations governing Federal licensing.

209. Restrictions on licensing of federally owned inventions.

210. Precedence of chapter.

211. Relationship to antitrust laws.

212. Disposition of rights in educational awards.

PART III – PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 25 – AMENDMENT AND CORRECTION OF PATENTS

251. Reissue of defective patents.

252. Effect of reissue.

253. Disclaimer.

254. Certificate of correction of Patent and Trademark Office mistake.

255. Certificate of correction of applicant’s mistake.

256. Correction of named inventor.

CHAPTER 26 – OWNERSHIP AND ASSIGNMENT

261. Ownership; assignment.

262. Joint owners.

CHAPTER 27 – GOVERNMENT INTERESTS IN PATENTS

266. [Repealed.]

267. Time for taking action in Government applications.

268. [Reserved]

269. [Reserved]

270. [Reserved]

CHAPTER 28 – INFRINGEMENT OF PATENTS

271. Infringement of patent.

272. Temporary presence in the United States.

CHAPTER 29 – REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

281. Remedy for infringement of patent.

282. Presumption of validity; defenses.

283. Injunction.

284. Damages.

285. Attorney fees.

286. Time limitation on damages.

287. Limitation on damages and other remedies; marking and notice.

288. Action for infringement of a patent containing an invalid claim.

289. Additional remedy for infringement of design patent.

290. Notice of patent suits.

291. Interfering patents.

292. False marking.

293. Nonresident patentee; service and notice.

294. Voluntary arbitration.

295. Presumptions: Product made by patented process.

296. Liability of States, instrumentalities of States, and State officials for infringement of patents.

CHAPTER 30 – PRIOR ART CITATIONS TO OFFICE AND REEXAMINATION OF PATENTS

301. Citation of prior art.

302. Request for reexamination.

303. Determination of issue by Commissioner.

304. Reexamination order by Commissioner.

305. Conduct of reexamination proceedings.

306. Appeal.

307. Certificate of patentability, unpatentability, and claim cancellation.

PART IV – PATENT COOPERATION TREATY

CHAPTER 35 – DEFINITIONS

351. Definitions.

CHAPTER 36 – INTERNATIONAL STAGE

361. Receiving Office.

362. International Searching Authority and International Preliminary Examining Authority.

363. International application designating the United States: Effect.

364. International stage: Procedure.

365. Right of priority; benefit of the filing date of a prior application.

366. Withdrawn international application.

367. Actions of other authorities: Review.

368. Secrecy of certain inventions; filing international applications in foreign countries.

CHAPTER 37 – NATIONAL STAGE

371. National stage: Commencement.

372. National stage: Requirements and procedure.

373. Improper applicant.

374. Publication of international application: Effect.

375. Patent issued on international application: Effect.

376. Fees.