to LII home
US CODE COLLECTION
to US Code home
to US Code home
search
TITLE 35

Notes on TITLE 35

THIS TITLE WAS ENACTED BY ACT JULY 19, 1952, CH. 950, SEC. 1, 66 STAT. 792

Part Sec. I. United States Patent and Trademark Office 1 II. Patentability of Inventions and Grant of Patents 100 III. Patents and Protection of Patent Rights 251 IV. Patent Cooperation Treaty 351

AMENDMENTS

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title IV, Sec. 4732(a)(1)), Nov. 29, 1999, 113 Stat. 1536, 1501A-581, substituted ''United States Patent and Trademark Office'' for ''Patent and Trademark Office'' in item I. 1984 - Pub. L. 98-622, title IV, Sec. 403(b), Nov. 8, 1984, 98 Stat. 3392, added item IV.

Table Showing Disposition of All Sections of Former Title 35
Title 35 Former SectionsTitle 35 New Sections
11
23
32
44
55
66
77
108
1131, 32
11a33
1222
13 11
1410
14a(See former Sec. 78)
1512
1611(a) 1
17-19Rep.
2014
2121
22Rep.
23Rep.
31 101, 102, 161
32102(d), 119, 172
32a, 32bRep.
33111, 112, 162
34113, 114
35115
36131
37133, 267
38Rep.
39153
40154
40a-40dRep.
41151
42-42fRep.
43Rep.
44152
45266
46147
47261
48Rep.
49287
50292
51132, 135
52135
5323
54-5624
56a164
57134
58, 59Rep.
59a141; T. 28 Sec. 1542
60142
61143
62144
63145, 146
64251, 252
65253
66291
67281, 284
68T. 28 Sec. 1498
69102(g), 282
70283-286, 290
71288
72102, 104
72a146, 291
73171
74, 75289
76114
77173
7812, 13, 41
7942
80-87Rep.
88254
89-96Elim.
101-108Elim.
109104
110-118aElim.
119 T. 50 App. Sec. 2371
151181
152182
153183
154184
155185
156186
157187
158188
159Rep.

CITATION

Section 1 of act July 19, 1952, ch. 950, 66 Stat. 792, provided in part that this title may be cited as ''Title 35, United States Code, section - .'

SEPARABILITY

Section 3 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that: ''If any provision of Title 35, as enacted by section 1 hereof, is declared unconstitutional or is held invalid, the validity of the remainder of this title shall not be affected.'

EFFECTIVE DATE; SAVINGS PROVISION

Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that: ''(a) This Act (enacting this title) shall take effect on January 1, 1953 and shall apply to all applications for patent filed on or after such date and to all patents granted on such applications. It shall apply to further proceedings on applications pending on such date and to patents granted on such applications except as otherwise provided. It shall apply to unexpired patents granted prior to such date except as otherwise provided. ''(b) Section 102(d) of Title 35, as enacted by section 1 hereof, shall not apply to existing patents and pending applications, but the law previously in effect, namely the first paragraph of R. S. 4887 (first paragraph of section 32 of former Title 35), shall apply to such patents and applications. ''(c) Section 119, second paragraph, of Title 35 as enacted by section 1 hereof shall not apply to existing patents. ''(d) The period of one year specified in section 102(b) of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before August 5, 1940, and patents granted on such applications, and with respect to such applications and patents, said period is two years instead of one year. ''(e) Nothing contained in Title 35, as enacted by section 1 hereof, shall operate to nullify any judicial finding prior to the effective date of this Act on the validity of any patent by a court of competent jurisdiction. ''(f) Nothing in Title 35, as enacted by section 1 hereof, shall affect any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 724, 60 Stat. 755) (Sec. 2011 et seq. of Title 42, The Public Health and Welfare). ''(g) The period of one year specified in section 4 of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before the effective date of this Act. ''(h) The repeal of sections 1-9, 11, 12 of the Act of Congress approved February 1, 1952 (ch. 4, 66 Stat. 3) (sections 151 to 159 of former Title 35), shall not affect any rights or liabilities existing on the date of approval of this Act (July 19, 1952). An order of secrecy issued under or in effect under the repealed Act and in effect on the date of approval of this Act, shall be considered as issued under this Act, and any claims arising under the repealed Act or subject to presentation and determination pursuant thereto and unsettled as of the effective date of this Act, may be presented and determined pursuant to the provisions of this Act (this title).'

REPEALS

Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large codified in this Act with the proviso that ''Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal.'

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 11 section 101; title 15 sections 278n, 3703; title 17 sections 912, 1329; title 42 section 12002

CopyrightAbout usSend email