Patent Laws - United States Code

                             35 U.S.C. 1 - 376

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35 U.S.C. 1 Establishment.

The Patent and Trademark Office shall continue as an office in the
Department of Commerce, where records, books, drawings, specifications, and
other papers and things pertaining to patents and to trademark
registrations shall be kept and preserved, except as otherwise provided by
law.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 2 Seal.

The Patent and Trademark Office shall have a seal with which letters
patent, certificates of trademark registrations, and papers issued from the
Office shall be authenticated.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 3 Officers and employees.

(a) There shall be in the Patent and Trademark Office a Commissioner of
Patents and Trademarks, a Deputy Commissioner, two Assistant Commissioners,
and examiners-in-chief appointed under section 7 of this title. The Deputy
Commissioner, or, in the event of a vacancy in that office, the Assistant
Commissioner senior in date of appointment, shall fill the office of
Commissioner during a vacancy in that office until the Commissioner is
appointed and takes office. The Commissioner of Patents and Trademarks, the
Deputy Commissioner, and the Assistant Commissioners shall be appointed by
the President, by and with the advice and consent of the Senate. The
Secretary of Commerce, upon the nomination of the Commissioner, in
accordance with law shall appoint all other officers and employees.

(b) The Secretary of Commerce may vest in himself the functions of the
Patent and Trademark Office and its officers and employees specified in
this title and may from time to time authorize their performance by any
other officer or employee.

(c) The Secretary of Commerce is authorized to fix the per annum rate of
basic compensation of each examiner-in-chief in the Patent and Trademark
Office at not in excess of the maximum scheduled rate provided for
positions in grade 17 of the General Schedule of the Classification Act of
1949, as amended.

(d) The Commissioner of Patents and Trademarks shall be an Assistant
Secretary of Commerce and shall receive compensation at the rate prescribed
by law for Assistant Secretaries of Commerce.

(e) The members of the Trademark Trial and Appeal Board of the Patent and
Trademark Office shall each be paid at a rate not to exceed the maximum
rate of basic pay payable for GS-16 of the General Schedule under section
5332 of title 5.

(Subsection (c) amended Sept. 6, 1958, Public Law 85-933, sec. 1, 72 Stat.
1793; Sept. 23, 1959, Public Law 85-370, sec. 1(a), 73 Stat. 650; Aug. 14,
1964, Public Law 88-426, sec. 305(26), 78 Stat. 425; Jan. 2, 1975, Public
Law 93-596, sec. 1, 88 Stat. 1949; Jan. 2, 1975, Public Law 93-601, sec. 1,
88 Stat. 1956; Aug. 27, 1982, Public Law 97-247, sec. 4, 96 Stat. 319.)
(Subsection (d) added Oct. 25, 1982, Public Law 97-366, 96 Stat. 1760.)
(Subsection (e) added Nov. 8, 1984, Public Law 98-622, sec. 405, 98 Stat.
3392.)

35 U.S.C. 4 Restrictions on officers and employees as to interest in
patents.

Officers and employees of the Patent and Trademark Office shall be
incapable, during the period of their appointments and for one year
thereafter, of applying for a patent and of acquiring, directly or
indirectly, except by inheritance or bequest, any patent or any right or
interest in any patent, issued or to be issued by the Office. In patents
applied for thereafter they shall not be entitled to any priority date
earlier than one year after the termination of their appointment.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 5 [Repealed]

(June 6, 1972, Public Law 92-310, Title II, sec. 208(a), 86 Stat. 203.)

35 U.S.C. 6 Duties of Commissioner.

(a) The Commissioner, under the direction of the Sec- retary of Commerce,
shall superintend or perform all duties required by law respecting the
granting and issuing of patents and the registration of trademarks; shall
have the authority to carry on studies, programs, or exchanges of items or
services regarding domestic and international patent and trademark law or
the administration of the Patent and Trademark Office, including programs
to recognize, identify, assess, and forecast the technology of patented
inventions and their utility to industry; and shall have charge of property
belonging to the Patent and Trademark Office. He may, subject to the
approval of the Secretary of Commerce, establish regulations, not
inconsistent with law, for the conduct of proceedings in the Patent and
Trademark Office.

(b) The Commissioner, under the direction of the Secretary of Commerce,
may, in coordination with the Department of State, carry on programs and
studies cooperatively with foreign patent offices and international
intergovernmental organizations, or may authorize such programs and studies
to be carried on, in connection with the performance of duties stated in
subsection (a) of this section.

(c) The Commissioner, under the direction of the Secretary of Commerce,
may, with the concurrence of the Secretary of State, transfer funds
appropriated to the Patent and Trademark Office, not to exceed $100,000 in
any year, to the Department of State for the purpose of making special
payments to international intergovernmental organizations for studies and
programs for advancing international cooperation concerning patents,
trademarks, and related matters. These special payments may be in in
addition to any other payments or contributions to the international
organization and shall not be subject to any limitations imposed by law on
the amounts of such other payments or contributions by the Government of
the United States.

( Subsection (c) amended Oct. 5, 1971, Public Law 92-132, 85 Stat. 364;
Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Aug. 27, 1982,
Public Law 97-247, sec. 13, 96 Stat. 321.)

(Subsection (d) repealed Aug. 27, 1982, Public Law 97-247, sec. 7, 96 Stat.
320.)

(Subsection (a) amended Dec. 10, 1991, Public Law 102-204, sec. 8, 105
Stat. 1641.)

35 U.S.C. 7 Board of Patent Appeals and Interferences.

(a) The examiners-in-chief shall be persons of competent legal knowledge
and scientific ability, who shall be appointed to the competitive service.
The Commissioner, the Deputy Commissioner, the Assistant Commissioners, and
the examiners-in-chief shall constitute the Board of Patent Appeals and
Interferences.

(b) The Board of Patent Appeals and Interferences shall, on written appeal
of an applicant, review adverse decisions of examiners upon applications
for patents and shall determine priority and patentability of invention in
interferences declared under section 135(a) of this title. Each appeal and
interference shall be heard by at least three members of the Board of
Patent Appeals and Interferences, who shall be designated by the
Commissioner. Only the Board of Patent Appeals and Interferences has the
authority to grant rehearings.

(c) Whenever the Commissioner considers it necessary, in order to keep
current the work of the Board of Patent Appeals and Interferences, the
Commissioner may designate any patent examiner of the primary examiner
grade or higher, having the requisite ability, to serve as
examiner-in-chief for periods not exceeding six months each. An examiner so
designated shall be qualified to act as a member of the Board of Patent
Appeals and Interferences. Not more than one of the members of the Board of
Patent Appeals and Interferences hearing an appeal or determining an
interference may be an examiner so designated. The Secretary of Commerce is
authorized to fix the pay of each designated examiner-in-chief in the
Patent and Trademark Office at not to exceed the maximum rate of basic pay
payable for grade GS-16 of the General Schedule under section 5332 of title
5. The rate of basic pay of each individual designated examiner-in-chief
shall be adjusted, at the close of the period for which that individual was
designated to act examiner-in-chief, to the rate of basic pay that
individual would have been receiving at the close of such period if such
designation had not been made.

(Amended Nov. 8, 1984, Public Law 98-622, sec. 201(a), 98 Stat. 3386.)

35 U.S.C. 8 Library.

The Commissioner shall maintain a library of scientific and other works and
periodicals, both foreign and domestic, in the Patent and Trademark Office
to aid the officers in the discharge of their duties.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 9 Classification of patents.

The Commissioner may revise and maintain the classification by subject
matter of United States letters patent, and such other patents and printed
publications as may be necessary or practicable, for the purpose of
determining with readiness and accuracy the novelty of inventions for which
applications for patent are filed.

35 U.S.C. 10 Certified copies of records.

The Commissioner may furnish certified copies of specifications and
drawings of patents issued by the Patent and Trademark Office, and of other
records available either to the public or to the person applying therefor.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 11 Publications.

(a) The Commissioner may print, or cause to be printed, the following:

1. Patents, including specifications and drawings, together with copies of
the same. The Patent and Trademark Office may

print the headings of the drawings for patents for the pur- pose of
photolithography.

2. Certificates of trademark registrations, including statements and
drawings, together with copies of the same.

3. The Official Gazette of the United States Patent and Trademark Office.

4. Annual indexes of patents and patentees, and of trademarks and
registrants.

5. Annual volumes of decisions in patent and trade-mark cases.

6. Pamphlet copies of the patent laws and rules of practice, laws and rules
relating to trademarks, and circulars or other publications relating to the
business of the Office.

(b) The Commissioner may exchange any of the publications specified in
items 3, 4, 5, and 6 of subsection (a) of this section for publications
desirable for the use of the Patent and Trademark Office.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 12 Exchange of copies of patents with foreign countries.

The Commissioner may exchange copies of specifications and drawings of
United States patents for those of foreign countries.

35 U.S.C. 13 Copies of patents for public libraries.

The Commissioner may supply printed copies of specifications and drawings
of patents to public libraries in the United States which shall maintain
such copies for the use of the public, at the rate for each year's issue
established for this purpose in section 41(d) of this title.

(Amended Aug. 27, 1982, Public Law 97-247, sec. 15, 96 Stat. 321.)

35 U.S.C. 14 Annual report to Congress.

The Commissioner shall report to Congress annually the moneys received and
expended, statistics concerning the work of the Office, and other
information relating to the Office as may be useful to the Congress or the
public.

35 U.S.C. 21 Filing date and day for taking action.

(a) The Commissioner may by rule prescribe that any paper or fee required
to be filed in the Patent and Trademark Office will be considered filed in
the Office on the date on which it was deposited with the United States
Postal Service or would have been deposited with the United States Postal
Service but for postal service interruptions or emergencies designated by
the Commissioner.

(b) When the day, or the last day, for taking any action or paying any fee
in the United States Patent and Trademark Office falls on Saturday, Sunday,
or a Federal holiday within the District of Columbia, the action may be
taken, or fee paid, on the next succeeding secular or business day.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Aug. 27,
1982, Public Law 97-247, sec. 12, 96 Stat. 321.)

35 U.S.C. 22 Printing of papers filed.

The Commissioner may require papers filed in the Patent and Trademark
Office to be printed or typewritten.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 23 Testimony in Patent and Trademark Office cases

The Commissioner may establish rules for taking affidavits and depositions
required in cases in the Patent and Trademark Office. Any officer
authorized by law to take depositions to be used in the courts of the
United States, or of the State where he resides, may take such affidavits
and depositions. (Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat.
1949.)

35 U.S.C. 24 Subpoenas, witnesses

The clerk of any United States court for the district wherein testimony is
to be taken for use in any contested case in the Patent and Trademark
Office, shall, upon the application of any party thereto, issue a subpoena
for any witness residing or being within such district, commanding him to
appear and testify before an officer in such district authorized to take
depositions and affidavits, at the time and place stated in the subpoena.
The provisions of the Federal Rules of Civil Procedure relating to the
attendance of witnesses and to the production of documents and things shall
apply to contested cases in the Patent and Trademark Office.

Every witness subpoenaed and in attendance shall be allowed the fees and
traveling expenses allowed to witnesses attending the United States
district courts.

A judge of a court whose clerk issued a subpoena may enforce obedience to
the process or punish disobedience as in other like cases, on proof that a
witness, served with such subpoena, neglected or refused to appear or to
testify. No witness shall be deemed guilty of contempt for disobeying such
subpoena unless his fees and traveling expenses in going to, and returning
from, and one day's attendance at the place of examination, are paid or
tendered him at the time of the service of the subpoena; nor for refusing
to disclose any secret matter except upon appropriate order of the court
which issued the subpoena.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 25 Declaration in lieu of oath.

(a) The Commissioner may by rule prescribe that any document to be filed in
the Patent and Trademark Office and which is required by any law, rule, or
other regulation to be under oath may be subscribed to by a written
declaration in such form as the Commissioner may prescribe, such
declaration to be in lieu of the oath otherwise required.

(b) Whenever such written declaration is used, the document must warn the
declarant that willful false statements and the like are punishable by fine
or imprisonment, or both (18 U.S.C. 1001).

(Added Mar. 26, 1964, Public Law 88-292, sec. 1, 78 Stat. 171; amended Jan.
2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 26 Effect of defective execution.

Any document to be filed in the Patent and Trademark Office and which is
required by any law, rule, or other regulation to be executed in a
specified manner may be provisionally accepted by the Commissioner despite
a defective execution, provided a properly executed document is submitted
within such time as may be prescribed.

(Added Mar. 26, 1964, Public Law 88-292, sec. 1, 78 Stat. 171; amended Jan.
2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 31 Regulations for agents and attorneys.

The Commissioner, subject to the approval of the Secretary of Commerce, may
prescribe regulations governing the recognition and conduct of agents,
attorneys, or other persons representing applicants or other parties before
the Patent and Trademark Office, and may require them, before being
recognized as representatives of applicants or other persons, to show that
they are of good moral character and reputation and are possessed of the
necessary qualifications to render to applicants or other persons, valuable
service, advice, and assistance in the presentation or prosecution of their
applications or other business before the Office.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 32 Suspension or exclusion from practice.

The Commissioner may, after notice and opportunity for a hearing, suspend
or exclude, either generally or in any particular case, from further
practice before the Patent and Trademark Office, any person, agent, or
attorney shown to be incompetent or disreputable, or guilty of gross
misconduct, or who does not comply with the regulations established under
section 31 of this title, or who shall, by word, circular, letter, or
advertising, with intent to defraud in any manner, deceive, mislead, or
threaten any applicant or prospective applicant, or other person having
immediate or prospective business before the Office. The reasons for any
such suspension or exclusion shall be duly recorded. The United States
District Court for the District of Columbia, under such conditions and upon
such proceedings as it by its rules determines, may review the action of
the Commissioner upon the petition of the person so refused recognition or
so suspended or excluded.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat.1949.)

35 U.S.C. 33 Unauthorized representation as practitioner.

Whoever, not being recognized to practice before the Patent and Trademark
Office, holds himself out or permits himself to be held out as so
recognized, or as being qualified to prepare or prosecute applications for
patent, shall be fined not more than $1,000 for each offense.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 41 Patent fees; patent and trademark search systems.

(a) The Commissioner shall charge the following fees:

(1)(A) On filing each application for an original patent, except in design
or plant cases, $500 [$730].

(B) In addition, on filing or on presentation at any other time, $52 [$76]
for each claim in independent form which is in excess of 3, $14 [$22] for
each claim (whether independent or dependent) which is in excess of 20, and
$160 [$240] for each application containing a multiple dependent claim.

(C) On filing each provisional application for an original patent, $150.

(2) For issuing each original or reissue patent, except in design or plant
cases, $820 [$1,210].

(3) In design and plant cases:

(A) on filing each design application, $200 [$300];

(B) on filing each plant application, $330 [$490];

(C) on issuing each design patent, $290 [$420]; and

(D) on issuing each plant patent, $410 [$610];

(4)(A) On filing each application for the reissue of a patent, $500 [$730].

(B) In addition, on filing or on presentation at any other time, $52 [$76]
for each claim in independent form which is in excess of the number of
independent claims of the original patent, and $14 [$22] for each claim
(whether independent or dependent) which is in excess of 20 and also in
excess of the number of claims of the original patent.

(5) On filing each disclaimer, $78 [$110].

(6)(A) On filing an appeal from the examiner to the Board of Patent Appeals
and Interferences, $190 [$280].

(B) In addition, on filing a brief in support of the appeal, $190 [$280],
and on requesting an oral hearing in the appeal before the Board of Patent
Appeals and Interferences, $160 [$240].

(7) On filing each petition for the revival of an unintentionally abandoned
application for a patent or for the unintentionally delayed payment of the
fee for issuing each patent, $820 [$1,210], unless the petition is filed
under section 133 or 151 of this title, in which case the fee shall be $78
[$110].

(8) For petitions for 1-month extensions of time to take actions required
by the Commissioner in an application:

(A) on filing a first petition, $78 [$110];

(B) on filing a second petition, $172 [$370]; and

(C) on filing a third or subsequent petition, $340 [$870].

(9) Basic national fee for an international application where the Patent
and Trademark Office was the International Preliminary Examining Authority
and the International Searching Authority, $450 [$660].

(10) Basic national fee for an international application where the Patent
and Trademark Office was the International Searching Authority but not the
International Preliminary Examining Authority, $500 [$730].

(11) Basic national fee for an international application where the Patent
and Trademark Office was neither the International Searching Authority nor
the International Preliminary Examining Authority, $670 [$980].

(12) Basic national fee for an international application where the
international preliminary examination has been paid to the Patent and
Trademark Office, and the international preliminary examination report
states that the provisions of Article 33(2), (3), and (4) of the Patent
Cooperation Treaty have been satisfied for all claims in the application
entering the national stage, $66 [$92].

(13) For filing or later presentation of each independent claim in the
national stage of an international application in excess of 3, $52 [$76].

(14) For filing or later presentation of each claim (whether independent or
dependent) in a national stage of an international application in excess of
20, $14 [$22].

(15) For each national stage of an international application containing a
multiple dependent claim, $160 [$240].

For the purpose of computing fees, a multiple dependent claim as referred
to in section 112 of this title or any claim depending therefrom shall be
considered as separate dependent claims in accordance with the number of
claims to which reference is made. Errors in payment of the additional fees
may be rectified in accordance with regulations of the Commissioner.

(b) The Commissioner shall charge the following fees for maintaining in
force all patents based on applications filed on or after December 12,
1980:

(1) 3 years and 6 months after grant, $650 [$960].

(2) 7 years and 6 months after grant, $1,310 [$1,930].

(3) 11 years and 6 months after grant, $1,980 [$2,900]. Unless payment of
the applicable maintenance fee is received in the Patent and Trademark
Office on or before the date the fee is due or within a grace period of six
months thereafter, the patent will expire as of the end of such grace
period. The Commissioner may require the payment of a surcharge as a
condition of accepting within such six-month grace period the late payment
of the applicable maintenance fee. No fee will be established for
maintaining a design or plant patent in force.

(c)(1) The Commissioner may accept the payment of any maintenance fee
required by subsection (b) of this section which is made within twenty-four
months after the six-month grace period if the delay is shown to the
satisfaction of the Commissioner to have been unavoidable. The Commissioner
may require the payment of a surcharge as a condition of accepting payment
of any maintenance fee after the six-month grace period. If the
Commissioner accepts payment of a maintenance fee after the six-month grace
period, the patent shall be considered as not having expired at the end of
the grace period.

(2) A patent, the term of which has been maintained as a result of the
acceptance of a payment of a maintenance fee under this subsection, shall
not abridge or affect the right of any person or that person's successors
in business who made, purchased, offered to sell, or used anything
protected by the patent within the United States, or imported anything
protected by the patent into the United States after the 6-month grace
period but prior to the acceptance of a maintenance fee under this
subsection, to continue the use of, to offer for sale, or to sell to others
to be used, offered for sale, or sold, the specific thing so made,
purchased, offered for sale, used, or imported. The court before which such
matter is in question may provide for the continued manufacture, use, offer
for sale, or sale of the thing made, purchased, offered for sale, or used
within the United States, or imported into the United States, as specified,
or for the manufacture, use, offer for sale, or sale in the United States
of which substantial preparation was made after the 6-month grace period
but before the acceptance of a maintenance fee under this subsection, and
the court may also provide for the continued practice of any process that
is practiced, or for the practice of which substantial preparation was
made, after the 6-month grace period but before the acceptance of a
maintenance fee under this subsection, to the extent and under such terms
as the court deems equitable for the protection of investments made or
business commenced after the 6-month grace period but before the acceptance
of a maintenance fee under this subsection.

(d) The Commissioner shall establish fees for all other processing,
services, or materials relating to patents not specified in this section to
recover the estimated average cost to the Office of such processing,
services, or materials, except that the Commissioner shall charge the
following fees for the following services:

(1) For recording a document affecting title, $40, per property.

(2) For each photocopy, $.25 per page.

(3) For each black and white copy of a patent, $3.

The yearly fee for providing a library specified in section 13 of this
title with uncertified printed copies of the specifications and drawings
for all patents issued in that year shall be $50.

(e) The Commissioner may waive the payment of any fee for any service or
material related to patents in connection with an occasional or incidental
request made by a department or agency of the Government, or any officer
thereof. The Commissioner may provide any applicant issued a notice under
section 132 of this title with a copy of the specifications and drawings
for all patents referred to in that notice without charge.

(f) The fees established in subsections (a) and (b) of this section may be
adjusted by the Commissioner on October 1, 1992, and every year thereafter,
to reflect any fluctuations occurring during the previous 12 months in the
Consumer Price Index, as determined by the Secretary of Labor. Changes of
less than 1 per centum may be ignored.

(g) No fee established by the Commissioner under this section shall take
effect until at least 30 days after notice of the fee has been published in
the Federal Register and in the Official Gazette of the Patent and
Trademark Office.

Note: Fees established by the Commissioner of Patents and Trademarks under
section 41(d) of title 35, United States Code,

during fiscal year 1992 may take effect on or after 1 day after such fees
are published in the Federal Register. Section 41(g) of title 35, United
States Code, and section 553 of title 5, United States Code, shall not
apply to the establishment of such fees during fiscal year 1992.

(h)(1) Fees charged under subsection (a) or (b) shall be reduced by 50
percent with respect to their application to any small business concern as
defined under section 3 of the Small Business Act, and to any independent
inventor or nonprofit organization as defined in regulations issued by the
Commissioner of Patents and Trademarks.

(2) With respect to its application to any entity described in paragraph
(1), any surcharge or fee charged under subsection (c) or (d) shall not be
higher than the surcharge or fee required of any other entity under the
same or substantially similar circumstances.

(i)(1) The Commissioner shall maintain, for use by the public, paper or
microform collections of United States patents, foreign patent documents,
and United States trademark registrations arranged to permit search for and
retrieval of information. The Commissioner may not impose fees directly for
the use of such collections, or for the use of the public patent and
trademark search rooms or libraries.

(2) The Commissioner shall provide for the full deployment of the automated
search systems of the Patent and Trademark Office so that such systems are
available for use by the public, and shall assure full access by the public
to, and dissemination of, patent and trademark information, using a variety
of automated methods, including electronic bulletin boards and remote
access by users to mass storage and retrieval systems.

(3) The Commissioner may establish reasonable fees for access by the public
to the automated search systems of the Patent and Trademark Office. If such
fees are established, a limited amount of free access shall be made
available to users of the systems for purposes of education and training.
The Commissioner may waive the payment by an individual of fees authorized
by this subsection upon a showing of need or hardship, and if such waiver
is in the public interest.

(4) The Commissioner shall submit to the Congress an annual report on the
automated search systems of the Patent and Trademark Office and the access
by the public to such systems. The Commissioner shall also publish such
report in the Federal Register. The Commissioner shall provide an
opportunity for the submission of comments by interested persons on each
such report.

(Subsection (a)(6) amended Nov. 8, 1984, Public Law 98-622, sec. 204(a), 98
Stat. 3388.)

(Subsection (g) amended Dec. 12, 1980, Public Law 96-517, sec. 2, 94 Stat.
3017; Aug. 27, 1982, Public Law 97-247, sec. 3, 96 Stat. 317.) (Subsection
(h) added Nov. 6, 1986, Public Law 99-607, sec. 1(b)(2).)

(Subsections (a), (b), (d), (f), and (g) amended Dec. 10, 1991, Public Law
102-204, sec. 5, 105 Stat. 1637.)

(Subsections (a)(9) - (15) and (i) added Dec. 10, 1991, Public Law 102-204,
sec. 5, 105 Stat. 1637.)

(Subsection (c)(1) amended Oct. 23, 1992, Public Law 102-144.) (Subsection
(a)(1)(C) added Dec. 8, 1994, Public Law 103-465, sec. 532, 108 Stat. 4809,
effective June 8, 1995.)

(Subsection (c)(2) amended, Dec. 8, 1994, Public Law 103-465, sec. 533, 108
Stat. 4809, effective Jan. 1, 1996.)

35 U.S.C. 42 Patent and Trademark Office funding.

(a) All fees for services performed by or materials furnished by the Patent
and Trademark Office will be payable to the Commissioner.

(b) All fees paid to the Commissioner and all appropriations for defraying
the costs of the activities of the Patent and Trademark Office will be
credited to the Patent and Trademark Office Appropriation Account in the
Treasury of the United States, the provisions of section 725e of title 31,
United States Code, notwithstanding.

(c) Revenues from fees shall be available to the Commissioner to carry out,
to the extent provided in appropriation Acts, the activities of the Patent
and Trademark Office. Fees available to the Commissioner under section 31
of the Trademark Act of 1946 may be used only for the processing of
trademark registrations and for other activities, services and materials
relating to trademarks and to cover a proportionate share of the
administrative costs of the Patent and Trademark Office.

(d) The Commissioner may refund any fee paid by mistake or any amount paid
in excess of that required.

(e) The Secretary of Commerce shall, on the day each year on which the
President submits the annual budget to the Congress, provide to the
Committees on the Judiciary of the Senate and the House of Representatives:

(1) a list of patent and trademark fee collections by the Patent and
Trademark Office during the preceding fiscal year;

(2) a list of activities of the Patent and Trademark Office during the
preceding fiscal year which were supported by patent fee expenditures,
trademark fee expenditures, and appropriations;

(3) budget plans for significant programs, projects, and activities of the
Office, including out-year funding estimates;

(4) any proposed disposition of surplus fees by the Office; and

(5) such other information as the committees consider necessary. (Amended
Nov. 14, 1975, Public Law 94-131, sec. 4, 89 Stat. 690; Dec. 12, 1980,
Public Law 96-517, sec. 3, 94 Stat. 3018; Aug. 27, 1982, Public Law 97-247,
sec. 3(g), 96 Stat. 319.)

(Subsection (c) amended Dec. 10, 1991, Public Law 102-204, sec. 5, 105
Stat. 1640.)

(Subsection (e) added Dec. 10, 1991, Public Law 102-204, sec. 4, 105 Stat.
1637.)

35 U.S.C. 100 Definitions.

When used in this title unless the context otherwise indicates ---

(a) The term "invention" means invention or discovery.

(b) The term "process" means process, art, or method, and includes a new
use of a known process, machine, manufacture, composition of matter, or
material.

(c) The terms "United States" and "this country" mean the United States of
America, its territories and possessions.

(d) The word "patentee" includes not only the patentee to whom the patent
was issued but also the successors in title to the patentee.

35 U.S.C. 101 Inventions patentable.

Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful improvement
thereof, may obtain a patent therefor, subject to the conditions and
requirements of this title.

35 U.S.C. 102 Conditions for patentability; novelty and loss of right to
patent.

A person shall be entitled to a patent unless -

(a) the invention was known or used by others in this country, or patented
or described in a printed publication in this or a foreign country, before
the invention thereof by the applicant for patent, or

(b) the invention was patented or described in a printed publication in
this or a foreign country or in public use or on sale in this country, more
than one year prior to the date of the application for patent in the United
States, or

(c) he has abandoned the invention, or

(d) the invention was first patented or caused to be patented, or was the
subject of an inventor's certificate, by the applicant or his legal
representatives or assigns in a foreign country prior to the date of the
application for patent in this country on an application for patent or
inventor's certificate filed more than twelve months before the filing of
the application in the United States, or

(e) the invention was described in a patent granted on an application for
patent by another filed in the United States before the invention thereof
by the applicant for patent, or on an international application by another
who has fulfilled the requirements of paragraphs (1), (2), and (4) of
section 371(c) of this title before the invention thereof by applicant for
patent, or

(f) he did not himself invent the subject matter sought to be patented, or

(g) before the applicant's invention thereof the invention was made in this
country by another who had not abandoned, suppressed, or concealed it. In
determining priority of invention there shall be considered not only the
respective dates of conception and reduction to practice of the invention,
but also the reasonable diligence of one who was first to conceive and last
to reduce to practice, from a time prior to conception by the other.
(Amended July 28, 1972, Public Law 92-358, sec. 2, 86 Stat. 501; Nov. 14,
1975, Public Law 94-131, sec. 3, 89 Stat. 691.)

35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.

(a) A patent may not be obtained though the invention is not identically
disclosed or described as set forth in section 102 of this title, if the
differences between the subject matter sought to be patented and the prior
art are such that the subject matter as a whole would have been obvious at
the time the invention was made to a person having ordinary skill in the
art to which said subject matter pertains. Patentability shall not be
negatived by the manner in which the invention was made.

(b)
(1) Notwithstanding subsection (a), and upon timely election by the
applicant for patent to proceed under this subsection, a "biotechnological
process" using or resulting in a composition of matter that is novel under
section 102 and nonobvious under subsection (a) of this section shall be
considered nonobvious if

     (A) claims to the process and the composition of matter are
     contained in either the same application for patent or in
     separate applications having the same effective filing date; and

     (B) the composition of matter, and the process at the time it was
     invented, were owned by the same person or subject to an
     obligation of assignment to the same person.

(2) A patent issued on a process under paragraph (1)-

     (A) shall also contain the claims to the composition of matter
     used in or made by that process, or

     (B) shall, if such composition of matter is claimed in another
     patent, be set to expire on the same date as such other patent,
     notwithstanding section 154.

(3) For purposes of paragraph (1), the term "biotechnological process"
means-

     (A) a process of genetically altering or otherwise inducing a
     single- or multi-celled organism to-

          (i) express an exogenous nucleotide sequence,
          (ii) inhibit, eliminate, augment, or alter expression
          of an endogenous nucleotide sequence, or
          (iii) express a specific physiological characteristic
          not naturally associated with said organism;

     (B) cell fusion procedures yielding a cell line that expresses a
     specific protein, such as a monoclonal antibody; and

     (C) a method of using a product produced by a process defined by
     (A) or (B), or a combination of (A) and (B).

(c) Subject matter developed by another person, which qualifies as prior
art only under subsection (f) or (g) of section 102 of this title, shall
not preclude patentability under this section where the subject matter and
the claimed invention were, at the time the invention was made, owned by
the same person or subject to an obligation of assignment to the same
person.

(Second paragraph added Nov. 8, 1984, Public Law 98-622, sec. 103, 98 Stat.
3384, amended Jul. 11, 1995 Public Law 104-178, sec 101 Stat. ___)

35 U.S.C. 104 Invention made abroad.

(a) IN GENERAL.-

(1) PROCEEDINGS.-In proceedings in the Patent and Trademark Office, in the
courts, and before any other competent authority, an applicant for a
patent, or a patentee, may not establish a date of invention by reference
to knowledge or use thereof, or other activity with respect thereto, in a
foreign country other than a NAFTA country or a WTO member country, except
as provided in sections 119 and 365 of this title.

(2) RIGHTS.-If an invention was made by a person, civil or military- (A)
while domiciled in the United States, and serving in any other country in
connection with operations by or on behalf of the United States, (B) while
domiciled in a NAFTA country and serving in another country in connection
with operations by or on behalf of that NAFTA country, or (C) while
domiciled in a WTO member country and serving in another country in
connection with operations by or on behalf of that WTO member country, that
person shall be entitled to the same rights of priority in the United
States with respect to such invention as if such invention had been made in
the United States, that NAFTA country, or that WTO member country, as the
case may be.

(3) USE OF INFORMATION.-To the extent that any information in a NAFTA
country or a WTO member country concerning knowledge, use, or other
activity relevant to proving or disproving a date of invention has not been
made available for use in a proceeding in the Patent and Trademark Office,
a court, or any other competent authority to the same extent as such
information could be made available in the United States, the Commissioner,
court, or such other authority shall draw appropriate inferences, or take
other action permitted by statute, rule, or regulation, in favor of the
party that requested the information in the proceeding.

(b) DEFINITIONS.-As used in this section-

(1) The term ``NAFTA country" has the meaning given that term in section
2(4) of the North American Free Trade Agreement Implementation Act; and (2)
The term ``WTO member country" has the meaning given that term in section
2(10) of the Uruguay Round Agreements Act.

(Amended Jan 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Nov. 14,
1975, Public Law 94-131, sec. 6, 89 Stat. 691; Dec. 8, 1993, Public Law
103-182, sec. 331, 107 Stat. 2057 (as to NAFTA country); amended Dec. 8,
1994, Public Law 103-465, sec. 531, 108 Stat. 4809, effective Jan 1, 1996
as to WTO member country.)

35 U.S.C. 105 Inventions in outer space.

(a) Any invention made, used, or sold in outer space on a space object or
component thereof under the jurisdiction or control of the United States
shall be considered to be made, used or sold within the United States for
the purposes of this title, except with respect to any space object or
component thereof that is specifically identified and otherwise provided
for

by an international agreement to which the United States is a party, or
with respect to any space object or component thereof that is carried on
the registry of a foreign state in accordance with the Convention on
Registration of Objects Launched into Outer Space.

(b) Any invention made, used, or sold in outer space on a space object or
component thereof that is carried on the registry of a foreign state in
accordance with the Convention on Registration of Objects Launched into
Outer Space, shall be considered to be made, used, or sold within the
United States for the purposes of this title if specifically so agreed in
an international agreement between the United States and the state of
registry.

(Added November 15, 1990, Public Law 101-580, sec. 1, 104 Stat. 2863; Dec.
8, 1993, Public Law 103-182, Stat 331, 107 Stat. 2057.)

35 U.S.C. 111 Application.

(a) IN GENERAL.-

(1) WRITTEN APPLICATION.-An application for patent shall be made, or
authorized to be made, by the inventor, except as otherwise provided in
this title, in writing to the Commissioner.

(2) CONTENTS.-Such application shall include-

(A) a specification as prescribed by section 112 of this title;

(B) a drawing as prescribed by section 113 of this title; and

(C) an oath by the applicant as prescribed by section 115 of this title.

(3) FEE AND OATH.-The application must be accompanied by the fee required
by law. The fee and oath may be submitted after the specification and any
required drawing are submitted, within such period and under such
conditions, including the payment of a surcharge, as may be prescribed by
the Commissioner.

(4) FAILURE TO SUBMIT.-Upon failure to submit the fee and oath within such
prescribed period, the application shall be regarded as abandoned, unless
it is shown to the satisfaction of the Commissioner that the delay in
submitting the fee and oath was unavoidable or unintentional. The filing
date of an application shall be the date on which the specification and any
required drawing are received in the Patent and Trademark Office.

(b) PROVISIONAL APPLICATION.-

(1) AUTHORIZATION.-A provisional application for patent shall be made or
authorized to be made by the inventor, except as otherwise provided in this
title, in writing to the Commissioner. Such application shall include-

(A) a specification as prescribed by the first paragraph of section 112 of
this title; and

(B) a drawing as prescribed by section 113 of this title.

(2) CLAIM.-A claim, as required by the second through fifth paragraphs of
section 112, shall not be required in a provisional application.

(3) FEE.-(A) The application must be accompanied by the fee required by
law.

(B) The fee may be submitted after the specification and any required
drawing are submitted, within such period and under such conditions,
including the payment of a surcharge, as may be prescribed by the
Commissioner.

(C) Upon failure to submit the fee within such prescribed period, the
application shall be regarded as abandoned, unless it is shown to the
satisfaction of the Commissioner that the delay in submitting the fee was
unavoidable or unintentional.

(4) FILING DATE.-The filing date of a provisional application shall be the
date on which the specification and any required drawing are received in
the Patent and Trademark Office.

(5) ABANDONMENT.-The provisional application shall be regarded as abandoned
12 months after the filing date of such application and shall not be
subject to revival thereafter.

(6) OTHER BASIS FOR PROVISIONAL APPLICATION.-Subject to all the conditions
in this subsection and section 119(e) of this title, and as prescribed by
the Commissioner, an application for patent filed under subsection (a) may
be treated as a provisional application for patent.

(7) NO RIGHT OF PRIORITY OR BENEFIT OF EARLIEST FILING DATE.-A provisional
application shall not be entitled to the right of priority of any other
application under section 119 or 365(a) of this title or to the benefit of
an earlier filing date in the United States under section 120, 121, or
365(c) of this title.

(8) APPLICATION PROVISIONS.-The provisions of this title relating to
applications for patent shall apply to provisional applications for patent,
except as otherwise provided, and except that provisional applications for
patent shall not be subject to sections 115, 131, 135, and 157 of this
title. (Amended Aug. 27, 1982, Public Law 97-247, sec. 5, 96 Stat. 319;
amended Dec. 8, 1994, Public Law 103-465, sec. 532, 108 Stat. 4809,
effective June 8, 1995.)

35 U.S.C. 112 Specification.

The specification shall contain a written description of the invention, and
of the manner and process of making and using it, in such full, clear,
concise, and exact terms as to enable any person skilled in the art to
which it pertains, or with which it is most nearly connected, to make and
use the same, and shall set forth the best mode contemplated by the
inventor of carrying out his invention.

The specification shall conclude with one or more claims particularly
pointing out and distinctly claiming the subject matter which the applicant
regards as his invention.

A claim may be written in independent or, if the nature of the case admits,
in dependent or multiple dependent form.

Subject to the following paragraph, a claim in dependent form shall contain
a reference to a claim previously set forth and then specify a further
limitation of the subject matter claimed. A claim in dependent form shall
be construed to incorporate by reference all the limitations of the claim
to which it refers.

A claim in multiple dependent form shall contain a reference, in the
alternative only, to more than one claim previously set forth and then
specify a further limitation of the subject matter claimed. A multiple
dependent claim shall not serve as a basis for any other multiple dependent
claim. A multiple dependent claim shall be construed to incorporate by
reference all the limitations of the particular claim in relation to which
it is being considered.

An element in a claim for a combination may be expressed as a means or step
for performing a specified function without the recital of structure,
material, or acts in support thereof, and such claim shall be construed to
cover the corresponding structure, material, or acts described in the
specification and equivalents thereof.

(Amended July 24, 1965, Public Law 89-83, sec. 9, 79 Stat. 261; Nov. 14,
1975, Public Law 94-131, sec. 7, 89 Stat. 691.)

35 U.S.C. 113 Drawings.

The applicant shall furnish a drawing where necessary for the understanding
of the subject matter sought to be patented. When the nature of such
subject matter admits of illustration by a drawing and the applicant has
not furnished such a drawing, the Commissioner may require its submission
within a time period of not less than two months from the sending of a
notice thereof. Drawings submitted after the filing date of the application
may not be used (i) to overcome any insufficiency of the specification due
to lack of an enabling disclosure or otherwise inadequate disclosure

therein, or (ii) to supplement the original disclosure thereof for the
purpose of interpretation of the scope of any claim.

(Amended Nov. 14, 1975, Public Law 94-131, sec. 8, 89 Stat. 691.)

35 U.S.C. 114 Models, specimens.

The Commissioner may require the applicant to furnish a model of convenient
size to exhibit advantageously the several parts of his invention. When the
invention relates to a composition of matter, the Commissioner may require
the applicant to furnish specimens or ingredients for the purpose of
inspection or experiment.

35 U.S.C. 115 Oath of applicant.

The applicant shall make oath that he believes himself to be the original
and first inventor of the process, machine, manufacture, or composition of
matter, or improvement thereof, for which he solicits a patent; and shall
state of what country he is a citizen. Such oath may be made before any
person within the United States authorized by law to administer oaths, or,
when made in a foreign country, before any diplomatic or consular officer
of the United States authorized to administer oaths, or before any officer
having an official seal and authorized to administer oaths in the foreign
country in which the applicant may be, whose authority is proved by
certificate of a diplomatic or consular officer of the United States, or
apostille of an official designated by a foreign country which, by treaty
or convention, accords like effect to apostilles of designated officials in
the United States. Such oath is valid if it complies with the laws of the
state or country where made. When the application is made as provided in
this title by a person other than the inventor, the oath may be so varied
in form that it can be made by him.

(Amended Aug. 27, 1982, Public Law 97-247, sec. 14(a), 96 Stat. 321.)

35 U.S.C. 116 Inventors.

When an invention is made by two or more persons jointly, they shall apply
for patent jointly and each make the required oath, except as otherwise
provided in this title. Inventors may apply for a patent jointly even
though (1) they did not physically work together or at the same time, (2)
each did not make the same type or amount of contribution, or (3) each did
not make a contribution to the subject matter of every claim of the patent.

If a joint inventor refuses to join in an application for patent or cannot
be found or reached after diligent effort, the application may be made by
the other inventor on behalf of himself and the omitted inventor. The
Commissioner, on proof of the pertinent facts and after such notice to the
omitted inventor as he prescribes, may grant a patent to the inventor
making the application, subject to the same rights which the omitted
inventor would have had if he had been joined. The omitted inventor may
subsequently join in the application. Whenever through error a person is
named in an application for patent as the inventor, or through an error an
inventor is not named in an application, and such error arose without any
deceptive intention on his part, the Commissioner may permit the
application to be amended accordingly, under such terms as he prescribes.

(Amended Aug. 27, 1982, Public Law 97-247, sec. 6(a), 96 Stat. 320; Nov. 8,
1984, Public Law 98-622, sec. 104(a), 98 Stat. 3384.)

35 U.S.C. 117 Death or incapacity of inventor.

Legal representatives of deceased inventors and of those under legal
incapacity may make application for patent upon compliance with the
requirements and on the same terms and conditions applicable to the
inventor.

35 U.S.C. 118 Filing by other than inventor.

Whenever an inventor refuses to execute an application for patent, or
cannot be found or reached after diligent effort, a person to whom the
inventor has assigned or agreed in writing to assign the invention or who
otherwise shows sufficient proprietary interest in the matter justifying
such action, may make application for patent on behalf of and as agent for
the inventor on proof of the pertinent facts and a showing that such action
is necessary to preserve the rights of the parties or to prevent
irreparable damage; and the Commissioner may grant a patent to such
inventor upon such notice to him as the Commissioner deems sufficient, and
on compliance with such regulations as he prescribes.

35 U.S.C. 119 Benefit of earlier filing date; right of priority.

(a) An application for patent for an invention filed in this country by any
person who has, or whose legal representatives or assigns have, previously
regularly filed an application for a patent for the same invention in a
foreign country which affords similar privileges in the case of
applications filed in the United States or to citizens of the United
States, shall have the same effect as the same application would have if
filed in this country on the date on which the application for patent for
the same invention was first filed in such foreign country, if the
application in this country is filed within twelve months from the earliest
date on which such foreign application was filed; but no patent shall be
granted on any application for patent for an invention which had been
patented or described in a printed publication in any country more than one
year before the date of the actual filing of the application in this
country, or which had been in public use or on sale in this country more
than one year prior to such filing.

(b) No application for patent shall be entitled to this right of priority
unless a claim therefor and a certified copy of the original foreign
application, specification, and drawings upon which it is based are filed
in the Patent and Trademark Office before the patent is granted, or at such
time during the pendency of the application as required by the Commissioner
not earlier than six months after the filing of the application in this
country. Such certification shall be made by the patent office of the
foreign country in which filed and show the date of the application and of
the filing of the specification and other papers. The Commissioner may
require a translation of the papers filed if not in the English language
and such other information as he deems necessary.

(c) In like manner and subject to the same conditions and requirements, the
right provided in this section may be based upon a subsequent regularly
filed application in the same foreign country instead of the first filed
foreign application, provided that any foreign application filed prior to
such subsequent application has been withdrawn, abandoned, or otherwise
disposed of, without having been laid open to public inspection and without
leaving any rights outstanding, and has not served, nor thereafter shall
serve, as a basis for claiming a right of priority.

(d) Applications for inventors' certificates filed in a foreign country in
which applicants have a right to apply, at their discretion, either for a
patent or for an inventor's certificate shall be treated in this country in
the same manner and have the same effect for purpose of the right of
priority under this section as applications for patents, subject to the
same conditions and requirements of this section as apply to applications
for patents, provided such applicants are entitled to the benefits of the
Stockholm Revision of the Paris Convention at the time of such filing.

(e) (1) An application for patent filed under section 111(a) or section 363
of this title for an invention disclosed in the manner provided by the
first paragraph of section 112 of this title in a provisional application
filed under section 111(b) of this title, by an inventor or inventors named
in the provisional application, shall have the same effect, as to such
invention, as though filed on the date of the provisional application filed
under section 111(b) of this title, if the application for patent filed
under section 111(a) or section 363 of this title is filed not later than
12 months after the date on which the provisional application was filed and
if it contains or is amended to contain a specific reference to the
provisional application.

(2) A provisional application filed under section 111(b) of this title may
not be relied upon in any proceeding in the Patent and Trademark Office
unless the fee set forth in subparagraph (A) or (C) of section 41(a)(1) of
this title has been paid and the provisional application was pending on the
filing date of the application for patent under section 111(a) or section
363 of this title.

(Amended Oct. 3, 1961, Public Law 87-333, sec. 1, 75 Stat. 748; July 28,
1972, Public Law 92-358, sec. 1, 86 Stat. 502; Jan. 2, 1975, Public Law
93-596, sec. 1, 88 Stat. 1949; amended Dec. 8, 1994, Public Law 103-465,
sec. 532, 108 Stat. 4809, effective June 8, 1995.)

35 U.S.C. 120 Benefit of earlier filing date in the United States.

An application for patent for an invention disclosed in the manner provided
by the first paragraph of section 112 of this title in an application
previously filed in the United States, or as provided by section 363 of
this title, which is filed by an inventor or inventors named in the
previously filed application shall have the same effect, as to such
invention, as though filed on the date of the prior application, if filed
before the patenting or abandonment of or termination of proceedings on the
first application or on an application similarly entitled to the benefit of
the filing date of the first application and if it contains or is amended
to contain a specific reference to the earlier filed application.

(Amended Nov. 14, 1075, Public Law 94-131, sec. 9, 89 Stat. 691; Nov. 8,
1984, Public Law 98-622, sec. 104(b), 98 Stat. 3385.)

35 U.S.C. 121 Divisional applications.

If two or more independent and distinct inventions are claimed in one
application, the Commissioner may require the application to be restricted
to one of the inventions. If the other invention is made the subject of a
divisional application which complies with the requirements of section 120
of this title it shall be entitled to the benefit of the filing date of the
original application. A patent issuing on an application with respect to
which a requirement for restriction under this section has been made, or on
an application filed as a result of such a requirement, shall not be used
as a reference either in the Patent and Trademark Office or in the courts
against a divisional application or against the original application or any
patent issued on either of them, if the divisional application is filed
before the issuance of the patent on the other application. If a divisional
application is directed solely to subject matter described and claimed in
the original application as filed, the Commissioner may dispense with
signing and execution by the inventor. The validity of a patent shall not
be questioned for failure of the Commissioner to require the application to
be restricted to one invention.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 122 Confidential status of applications.

Applications for patents shall be kept in confidence by the Patent and
Trademark Office and no information concerning the same given without
authority of the applicant or owner unless necessary to carry out the
provisions of any Act of Congress or in such special circumstances as may
be determined by the Commissioner.

(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 131 Examination of application.

The Commissioner shall cause an examination to be made of the application
and the alleged new invention; and if on such examination it appears that
the applicant is entitled to a patent under the law, the Commissioner shall
issue a patent therefor.

35 U.S.C. 132 Notice of rejection; reexamination.

Whenever, on examination, any claim for a patent is rejected, or any
objection or requirement made, the Commissioner shall notify the applicant
thereof, stating the reasons for such rejection, or objection or
requirement, together with such information and references as may be useful
in judging of the propriety of continuing the prosecution of his
application; and if after receiving such notice, the applicant persists in
his claim for a patent, with or without amendment, the application shall be
reexamined. No amendment shall introduce new matter into the disclosure of
the invention.

35 U.S.C. 133 Time for prosecuting application.

Upon failure of the applicant to prosecute the application within six
months after any action therein, of which notice has been given or mailed
to the applicant, or within such shorter time, not less than thirty days,
as fixed by the Commissioner in such action, the application shall be
regarded as abandoned by the parties thereto, unless it be shown to the
satisfaction of the Commissioner that such delay was unavoidable.

35 U.S.C 134 Appeal to the Board of Patent Appeals and Interferences.

An applicant for a patent, any of whose claims has been twice rejected, may
appeal from the decision of the primary examiner to the Board of Patent
Appeals and Interferences, having once paid the fee for such appeal.
(Amended Nov. 8, 1984, Public Law 98-622, sec. 204(c), 98 Stat. 3388.)

35 U.S.C. 135 Interferences.

(a) Whenever an application is made for a patent which, in the opinion of
the Commissioner, would interfere with any pending application, or with any
unexpired patent, an interference may be declared and the Commissioner
shall give notice of such declaration to the applicants, or applicant and
patentee, as the case may be. The Board of Patent Appeals and Interferences
shall determine questions of priority of the inventions and may determine
questions of patentability. Any final decision, if adverse to the claim of
an applicant, shall constitute the final refusal by the Patent and
Trademark Office of the claims involved, and the Commissioner may issue a
patent to the applicant who is adjudged the prior inventor. A final
judgment adverse to a patentee from which no appeal or other review has
been or can be taken or had shall constitute cancellation of the claims
involved in the patent, and notice of such cancellation shall be endorsed
on copies of the patent distributed after such cancellation by the Patent
and Trademark Office.

(b) A claim which is the same as, or for the same or substantially the same
subject matter as, a claim of an issued patent may not be made in any
application unless such a claim is made prior to one year from the date on
which the patent was granted.

(c) Any agreement or understanding between parties to an interference,
including any collateral agreements referred to therein, made in connection
with or in contemplation of the termination of the interference, shall be
in writing and a true copy thereof filed in the Patent and Trademark Office
before the termination of the interference as between the said parties to
the agreement or understanding. If any party filing the same so requests,
the copy shall be kept separate from the file of the interference, and made
available only to Government agencies on written request, or to any person
on a showing of good cause. Failure to file the copy of such agreement or
understanding shall render permanently unenforceable such agreement or
understanding and any patent of such parties involved in the interference
or any patent subsequently issued on any application of such parties so
involved. The Commissioner may, however, on a showing of good cause for
failure to file within the time prescribed, permit the filing of the
agreement or understanding during the six-month period subsequent to the
termination of the interference as between the parties to the agreement or
understanding.

The Commissioner shall give notice to the parties or their attorneys of
record, a reasonable time prior to said termination, of the filing
requirement of this section. If the Commissioner gives such notice at a
later time, irrespective of the right to file such agreement or
understanding within the six-month period on a showing of good cause, the
parties may file such agreement or understanding within sixty days of the
receipt of such notice.

Any discretionary action of the Commissioner under this subsection shall be
reviewable under section 10 of the Administrative Procedure Act.

(d) Parties to a patent interference, within such time as may be specified
by the Commissioner by regulation, may determine such contest or any aspect
thereof by arbitration. Such arbitration shall be governed by the
provisions of title 9 to the extent such title is not inconsistent with
this section. The parties shall give notice of any arbitration award to the
Commissioner, and such award shall, as between the parties to the
arbitration, be dispositive of the issues to which it relates. The
arbitration award shall be unenforceable until such notice is given.
Nothing in this subsection shall preclude the Commissioner from determining
patentability of the invention involved in the interference.

(Subsection (a) amended Nov. 8, 1984, Public Law 98-622, sec. 202, 98 Stat.
3386.)

(Subsection (c) amended Oct. 15, 1962, Public Law 87-831, 76 Stat. 958;
Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

(Subsection (d) added Nov. 8, 1984, Public Law 98-622, sec. 105, 98 Stat.
3385.)

35 U.S.C. 141 Appeal to the Court of Appeals for the Federal Circuit.

An applicant dissatisfied with the decision in an appeal to the Board of
Patent Appeals and Interferences under section 134 of this title may appeal
the decision to the United States Court of Appeals for the Federal Circuit.
By filing such an appeal the applicant waives his or her right to proceed
under section 145 of this title. A party to an interference dissatisfied
with the decision of the Board of Patent Appeals and Interferences on the
interference may appeal the decision to the United States Court of Appeals
for the Federal Circuit, but such appeal shall be dismissed if any adverse
party to such interference, within twenty days after the appellant has
filed

notice of appeal in accordance with section 142 of this title, files notice
with the Commissioner that the party elects to have all further proceedings
conducted as provided in section 146 of this title. If the appellant does
not, within thirty days after filing of such notice by the adverse party,
file a civil action under section 146, the decision appealed from shall
govern the further proceedings in the case.

(Amended Nov. 8, 1984, Public Law 98-622, sec. 203(a), 98 Stat. 3387.)

35 U.S.C. 142 Notice of appeal.

When an appeal is taken to the United States Court of Appeals for the
Federal Circuit, the appellant shall file in the Patent and Trademark
Office a written notice of appeal directed to the Commissioner, within such
time after the date of the decision from which the appeal is taken as the
Commissioner prescribes, but in no case less than 60 days after that date.

(Amended Nov. 8, 1984, Public Law 98-620, sec. 414(a), 98 Stat. 3363.)

35 U.S.C. 143 Proceedings on appeal.

With respect to an appeal described in section 142 of this title, the
Commissioner shall transmit to the United States Court of Appeals for the
Federal Circuit a certified list of the documents comprising the record in
the Patent and Trademark Office. The court may request that the
Commissioner forward the original or certified copies of such documents
during the pendency of the appeal. In an ex parte case, the Commissioner
shall submit to the court in writing the grounds for the decision of the
Patent and Trademark Office, addressing all the issues involved in the
appeal. The court shall, before hearing an appeal, give notice of the time
and place of the hearing to the Commissioner and the parties in the appeal.

(Amended Nov. 8, 1984, Public Law 98-620, sec. 414(a), 98 Stat. 3363.)

35 U.S.C. 144 Decision on appeal.

The United States Court of Appeals for the Federal Circuit shall review the
decision from which an appeal is taken on the record before the Patent and
Trademark Office. Upon its determination the court shall issue its mandate
and opinion, which shall be entered of record in the Patent and Trademark
Office and shall govern the further proceedings in the case.

(Amended Nov. 8, 1984, Public Law 98-620, sec. 414(a), 98 Stat. 3363.)

35 U.S.C. 145 Civil action to obtain patent.

An applicant dissatisfied with the decision of the Board of Patent Appeals
and Interferences in an appeal under section 134 of this title may, unless
appeal has been taken to the United States Court of Appeals for the Federal
Circuit, have remedy by civil action against the Commissioner in the United
States District Court for the District of Columbia if commenced within such
time after such decision, not less than sixty days, as the Commissioner
appoints. The court may adjudge that such applicant is entitled to receive
a patent for his invention, as specified in any of his claims involved in
the his invention, as specified in any of his claims involved in the
decision of the Board of Patent Appeals and Interferences, as the facts in
the case may appear, and such adjudication shall authorize the Commissioner
to issue such patent on compliance with the requirements of law. All the
expenses of the proceedings shall be paid by the applicant.

(Amended Nov. 8, 1984, Public Law 98-620, sec. 203(b), 98 Stat. 3387.)

35 U.S.C. 146 Civil action in case of interference.

Any party to an interference dissatisfied with the decision of the Board of
Patent Appeals and Interferences may have remedy by civil action, if
commenced within such time after such decision, not less than sixty days,
as the Commissioner appoints or as provided in section 141 of this title,
unless he has appealed to the United States Court of Appeals for the
Federal Circuit, and such appeal is pending or has been decided. In such
suits the record in the Patent and Trademark Office shall be admitted on
motion of either party upon the terms and conditions as to costs, expenses,
and the further cross-examination of the witnesses as the court imposes,
without prejudice to the right of the parties to take further testimony.
The testimony and exhibits of the record in the Patent and Trademark Office
when admitted shall have the same effect as if originally taken and
produced in the suit.

Such suit may be instituted against the party in interest as shown by the
records of the Patent and Trademark Office at the time of the decision
complained of, but any party in interest may become a party to the action.
If there be adverse parties residing in a plurality of districts not
embraced within the same state, or an adverse party residing in a foreign
country, the United States District Court for the District of Columbia
shall have jurisdiction and may issue summons against the adverse parties
directed to the marshal of any district in which any adverse party resides.
Summons against adverse parties residing in foreign countries may be served
by publication or otherwise as the court directs. The Commissioner shall
not be a necessary party but he shall be notified of the filing of the suit
by the clerk of the court in which it is filed and shall have the right to
intervene. Judgment of the court in favor of the right of an applicant to a
patent shall authorize the Commissioner to issue such patent on the filing
in the Patent and Trademark Office of a certified copy of the judgment and
on compliance with the requirements of law. (Amended Jan. 2, 1975, Public
Law 93-596, sec. 1, 88 Stat. 1949; Apr. 2, 1982, Public Law 97-164, sec.
163, 96 Stat. 49; Nov. 8, 1984, Public Law 98-622, sec. 203(c), 98 Stat.
3387.)

Patent Laws - United States Code

                            35 U.S.C. 151 - 211

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35 U.S.C. 151 Issue of patent.

If it appears that applicant is entitled to a patent under the law, a
written notice of allowance of the application shall be given or mailed to
the applicant. The notice shall specify a sum, constituting the issue fee
or a portion thereof, which shall be paid within three months thereafter.
Upon payment of this sum the patent shall issue, but if payment is not
timely made, the application shall be regarded as abandoned.

Any remaining balance of the issue fee shall be paid within three months
from the sending of a notice thereof, and, if not paid, the patent shall
lapse at the termination of this three-month period. In calculating the
amount of a remaining balance, charges for a page or less may be
disregarded. If any payment required by this section is not timely made,
but is submitted with the fee for delayed payment and the delay in payment
is shown to have been unavoidable, it may be accepted by the Commissioner
as though no abandonment or lapse had ever occurred.

(Amended July 24, 1965, Public Law 89-83, secs. 4 and 6, 79 Stat. 260; Jan.
2, 1975, Public Law 93-601, sec. 3, 88 Stat. 1956.)

35 U.S.C. 152 Issue of patent to assignee.

Patents may be granted to the assignee of the inventor of record in the
Patent and Trademark Office, upon the application made and the
specification sworn to by the inventor, except as otherwise provided in
this title. (Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat.
1949.)

35 U.S.C. 153 How issued.

Patents shall be issued in the name of the United States of America, under
the seal of the Patent and Trademark Office, and shall be signed by the
Commissioner or have his signature placed thereon and attested by an
officer of the Patent and Trademark Office designated by the Commissioner,
and shall be recorded in the Patent and Trademark Office. (Amended Jan. 2,
1975, Public Law 93-596, sec. 1, 88 Stat. 1949.)

35 U.S.C. 154 Contents and term of patent.

(a) IN GENERAL.-

(1) CONTENTS.-Every patent shall contain a short title of the invention and
a grant to the patentee, his heirs or assigns, of the right to exclude
others from making, using, offering for sale, or selling the invention
throughout the United States or importing the invention into the United
States, and, if the invention is a process, of the right to exclude others
from using, offering for sale 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.

(2) TERM.-Subject to the payment of fees under this title, such grant shall
be for a term beginning on the date on which the patent issues and ending
20 years from the date on which the application for the patent was filed in
the United States or, if the application contains a specific reference to
an earlier filed application or applications under section 120, 121, or
365(c) of this title, from the date on which the earliest such application
was filed.

(3) PRIORITY.-Priority under section 119, 365(a), or 365(b) of this title
shall not be taken into account in determining the term of a patent.

(4) SPECIFICATION AND DRAWING.-A copy of the specification and drawing
shall be annexed to the patent and be a part of such patent.

(b) TERM EXTENSION.-

(1) INTERFERENCE DELAY OR SECRECY ORDERS.-If the issue of an original
patent is delayed due to a proceeding under section 135(a) of this title,
or because the application for patent is placed under an order pursuant to
section 181 of this title, the term of the patent shall be extended for the
period of delay, but in no case more than 5 years.

(2) EXTENSION FOR APPELLATE REVIEW.-If the issue of a patent is delayed due
to appellate review by the Board of Patent Appeals and Interferences or by
a Federal court and the patent is issued pursuant to a decision in the
review reversing an adverse determination of patentability, the term of the
patent shall be extended for a period of time but in no case more than 5
years. A patent shall not be eligible for extension under this paragraph if
it is subject to a terminal disclaimer due to the issue of another patent
claiming subject matter that is not patentably distinct from that under
appellate review.

(3) LIMITATIONS.-The period of extension referred to in paragraph (2)-

(A) shall include any period beginning on the date on which an appeal is
filed under section 134 or 141 of this title, or on which an action is
commenced under section 145 of this title, and ending on the date of a
final decision in favor of the applicant;

(B) shall be reduced by any time attributable to appellate review before
the expiration of 3 years from the filing date of the application for
patent; and

(C) shall be reduced for the period of time during which the applicant for
patent did not act with due diligence, as determined by the Commissioner.

(4) LENGTH OF EXTENSION.-The total duration of all extensions of a patent
under this subsection shall not exceed 5 years.

(c) CONTINUATION.-

(1) DETERMINATION.-The term of a patent that is in force on or that results
from an application filed before the date that is 6 months after the date
of the enactment of the Uruguay Round Agreements Act shall be the greater
of the 20-year term as provided in subsection (a), or 17 years from grant
subject to any terminal disclaimers.

(2) REMEDIES.-The remedies of sections 283, 284, and 285 of this title
shall not apply to Acts which -

(A) were commenced or for which substantial investment was made before the
date that is 6 months after the date of the enactment of the Uruguay Round
Agreements Act; and

(B) became infringing by reason of paragraph (1).

(3) REMUNERATION.-The acts referred to in paragraph (2) may be continued
only upon the payment of an equitable remuneration to the patentee that is
determined in an action brought under chapter 28 and chapter 29 (other than
those provisions excluded by paragraph (2)) of this title.

(Amended July 24, 1965, Public Law 89-83, sec. 5, 79 Stat. 261; Dec. 12,
1980, Public Law 96-517, sec. 4, 94 Stat. 3018; amended August 23, 1988,
Public Law 100-418, sec 9002, effective Feb. 23, 1989; amended Dec. 8,
1994, Public Law 103-465, sec. 532, 108 Stat. 4809, effective June 8, 1995
except subsection (a)(1) effective Jan. 1, 1996.)

35 U.S.C. 155 Patent term extension.

Notwithstanding the provisions of section 154, the term of a patent which
encompasses within its scope a composition of matter or a process for using
such composition shall be extended if such composition or process has been
subjected to a regulatory review by the Federal Food and Drug
Administration pursuant to the Federal Food, Drug and Cosmetic Act leading
to the publication of regulation permitting the interstate distribution and
sale of such composition or process and for which there has thereafter been
a stay of regulation of approval imposed pursuant to section 409 of the
Federal Food, Drug and Cosmetic Act, which stay was in effect on January 1,
1981, by a length of time to be measured from the date such stay of
regulation of approval was imposed until such proceedings are finally
resolved and commercial marketing permitted. The patentee, his heirs,
successors, or assigns shall notify the Commissioner of Patents and
Trademarks within 90 days of the date of enactment of this section or the
date the stay of regulation of approval has been removed, whichever is
later, of the number of the patent to be extended and the date the stay was
imposed and the date commercial marketing was permitted. On receipt of such
notice, the Commissioner shall promptly issue to the owner of record of the
patent a certificate of extension, under seal, stating the fact and length
of the extension and identifying the composition of matter or process for
using such composition to which such extension is applicable. Such
certificate shall be recorded in the official file of each patent extended
and such certificate shall be considered as part of the original patent,
and an appropriate notice shall be published in the Official Gazette of the
Patent and Trademark Office. (Amended Jan. 4, 1983, Public Law 97-414, 96
Stat. 2065.)

35 U.S.C. 155 A Patent term restoration.

(a) Notwithstanding section 154 of this title, the term of each of the
following patents shall be extended in accordance with this section:

(1) Any patent which encompasses within its scope a composition of matter
which is a new drug product, if during the regulatory review of the product
by the Federal Food and Drug Administration -

(A) the Federal Food and Drug Administration notified the patentee, by
letter dated February 20, 1976, that such product's new drug application
was not approvable under section 505(b)(1) of the Federal Food, Drug and
Cosmetic Act;

(B) in 1977 the patentee submitted to the Federal Food and Drug
Administration the results of a health effects test to evaluate the
carcinogenic potential of such product;

(C) the Federal Food and Drug Administration approved, by letter dated
December 18, 1979, the new drug application for such application; and

(D) the Federal Food and Drug Administration approved, by letter dated May
26, 1981, a supplementary application covering the facility for the
production of such product.

(2) Any patent which encompasses within its scope a process for using the
composition described in paragraph (1).

(b) The term of any patent described in subsection (a) shall be extended
for a period equal to the period beginning February 20, 1976, and ending
May 26, 1981, and such patent shall have the effect as if originally issued
with such extended term.

(c) The patentee of any patent described in subsection (a) of this section
shall, within ninety days after the date of enactment of this section,
notify the Commissioner of Patents and Trademarks of the number of any
patent so extended. On receipt of such notice, the Commissioner shall
confirm such extension by placing a notice thereof in the official file of
such patent and publishing an appropriate notice of such extension in the
Official Gazette of the Patent and Trademark Office.

(Added Oct. 13, 1983, Public Law 98-127, sec. 4(a), 97 Stat. 832.)

35 U.S.C. 156 Extension of patent term.

(a) The term of a patent which claims a product, a method of using a
product, or a method of manufacturing a product shall be extended in
accordance with this section from the original expiration date of the
patent if -

(1) the term of the patent has not expired before an application is
submitted under subsection (d)(i) for its extension;

(2) the term of the patent has never been extended under subsection (e)(1)
of this section;

(3) an application for extension is submitted by the owner of record of the
patent or its agent and in accordance with the requirements of paragraphs
(1) through (4) of subsection (d);

(4) the product has been subject to a regulatory review period before its
commercial marketing or use;

(5)(A) except as provided in subparagraph (B) or (C), the permission for
the commercial marketing or use of the

product after such regulatory review period is the first permitted
commercial marketing or use of the product under the provision of law under
which such regulatory review period occurred;

(B) in the case of a patent which claims a method of manufacturing the
product which primarily uses recombinant DNA technology in the manufacture
of the product, the permission for the commercial marketing or use of the
product after such regulatory period is the first permitted commercial
marketing or use of a product manufactured under the process claimed in the
patent; or

(C) for purposes of subparagraph (A), in the case of a patent which --

(i) claims a new animal drug or a veterinary biological product which (I)
is not covered by the claims in any other patent which has been extended,
and (II) has received permission for the commercial marketing or use in
non-food-producing animals and in food-producing animals, and

(ii) was not extended on the basis of the regulatory review period for use
in non-food-producing animals, the permission for the commercial marketing
or use of the drug or product after the regulatory review period for use in
food-producing animals is the first permitted commercial marketing or use
of the drug or product for administration to a food-producing animal. The
product referred to in paragraphs (4) and (5) is hereinafter in this
section referred to as the "approved product."

(b) Except as provided in subsection (d)(5)(F), the rights derived from any
patent the term of which is extended under this section shall during the
period during which the term of the patent is extended -

(1) in the case of a patent which claims a product, be limited to any use
approved for the product -

(A) before the expiration of the term of the patent -

(i) under the provision of law under which the applicable regulatory review
occurred, or

(ii) under the provision of law under which any regulatory review described
in paragraph (1), (4), or (5) of subsection (g) occurred, and

(B) on or after the expiration of the regulatory review period upon which
the extension of the patent was based;

(2) in the case of a patent which claims a method of using a product, be
limited to any use claimed by the patent and approved for the product -

(A) before the expiration of the term of the patent --

(i) under any provision of law under which an applicable regulatory review
occurred, and

(ii) under the provision of law under which any regulatory review described
in paragraph (1), (4), or (5) of subsection (g) occurred, and

(B) on or after the expiration of the regulatory review period upon which
the extension of the patent was based; and

(3) in the case of a patent which claims a method of manufacturing a
product, be limited to the method of manufacturing as used to make -

(A) the approved product, or

(B) the product if it has been subject to a regulatory review period
described in paragraphs (1), (4), or (5) of subsection (g).

As used in this subsection, the term "product" includes an approved
product.

(c) The term of a patent eligible for extension under subsection (a) shall
be extended by the time equal to the regulatory review period for the
approved product which period occurs after the date the patent is issued,
except that-

(1) each period of the regulatory review period shall be reduced by any
period determined under subsection (d)(2)(B) during which the applicant for
the patent extension did not act with due diligence during such period of
the regulatory review period;

(2) after any reduction required by paragraph (1), the period of extension
shall include only one-half of the time remaining in the periods described
in paragraphs (1)(B)(i), (2)(B)(i), (3)(B)(i), (4)(B)(i), and (5)(B)(i) of
subsection (g);

(3) if the period remaining in the term of a patent after the date of the
approval of the approved product under the provision of law under which
such regulatory review occurred when added to the regulatory review period
as revised under paragraphs (1) and (2) exceeds fourteen years, the period
of extension shall be reduced so that the total of both such periods does
not exceed fourteen years, and

(4) in no event shall more than one patent be extended under subsection
(e)(i) for the same regulatory review period for any product.

(d)(1) To obtain an extension of the term of a patent under this section,
the owner of record of the patent or its agent shall submit an application
to the Commissioner. Except as provided in paragraph (5), such an
application may only be submitted within the sixty-day period beginning on
the date the product received permission under the provision of law under
which the applicable regulatory review period occurred for commercial
marketing or use. The application shall contain -

(A) the identity of the approved product and the Federal statute under
which regulatory review occurred;

(B) the identity of the patent for which an extension is being sought and
the identity of each claim of such patent;

(C) information to enable the Commissioner to determine under subsections
(a) and (b) the eligibility of a patent for extension and the rights that
will be derived from the extension and information to enable the
Commissioner and the Secretary of Health and Human Services or the
Secretary of Agriculture to determine the period of the extension under
subsection (g);

(D) a brief description of the activities undertaken by the applicant
during the applicable regulatory review period with respect to the approved
product and the significant dates applicable to such activities; and

(E) such patent or other information as the Commissioner may require.
(2)(A) Within 60 days of the submittal of an application for extension of
the term of a patent under paragraph (1), the Commissioner shall notify -

(i) the Secretary of Agriculture if the patent claims a drug product or a
method of using or manufacturing a drug product and the drug product is
subject to the Virus-Serum-Toxin Act, and

(ii) the Secretary of Health and Human Services if the patent claims any
other drug product, a medical device, or a food additive or color additive
or a method of using or manufacturing such a product, device, or additive
and if the product, device, and additive are subject to the Federal Food,
Drug and Cosmetic Act, of the extension application and shall submit to the
Secretary who is so notified a copy of the application. Not later than 30
days after the receipt of an application from the Commissioner, the
Secretary reviewing the application shall review the dates contained in the
application pursuant to paragraph (1)(C) and determine the applicable
regulatory review period, shall notify the Commissioner of the
determination, and shall publish in the Federal Register a notice of such
determination.

(B)(i) If a petition is submitted to the Secretary making the determination
under subparagraph (A), not later than 180 days after the publication of
the determination under subparagraph (A), upon which it may reasonably be
determined that the applicant did not act with due diligence during the
applicable regulatory review period, the Secretary making the determination
shall, in accordance with regulations promulgated by the Secretary,
determine if the applicant acted with due diligence during the applicable
regulatory review period. The Secretary making the determination shall make
such determination not later than 90 days after the receipt of such a
petition. For a drug product, device, or additive subject to the Federal
Food, Drug, and Cosmetic Act or the Public Health Service Act, the
Secretary may not delegate the authority to make the determination
prescribed by this clause to an office below the Office of the Commissioner
of Food and Drugs. For a product subject to the Virus-Serum-Toxin Act, the
Secretary of Agriculture may not delegate the authority to make the
determination prescribed by this clause to an office below the office of
the Assistant Secretary for Marketing and Inspection Services.

(ii) The Secretary making a determination under clause (i) shall notify the
Commissioner of the determination and shall publish in the Federal Register
a notice of such determination together with the factual and legal basis
for such determination. Any interested person may request, within the
60-day period beginning on the publication of a determination, the
Secretary making the determination to hold an informal hearing on the
determination. If such a request is made within such period, such Secretary
shall hold such hearing not later than 30 days after the date of the
request, or at the request of the person making the request, not later than
60 days after such date. The Secretary who is holding the hearing shall
provide notice of the hearing to the owner of the patent involved and to
any interested person and provide the owner and any interested person an
opportunity to participate in the hearing. Within 30 days after the
completion of the hearing, such Secretary shall affirm or revise the
determination which was the subject of the hearing and notify the
Commissioner of any revision of the determination and shall publish any
such revision in the Federal Register.

(3) For the purposes of paragraph (2)(B), the term "due diligence" means
that degree of attention, continuous directed effort, and timeliness as may
reasonably be expected from, and are ordinarily exercised by, a person
during a regulatory review period.

(4) An application for the extension of the term of a patent is subject to
the disclosure requirements prescribed by the Commissioner.

(5)(A) If the owner of record of the patent or its agent reasonably expects
that the applicable regulatory review period described in paragraphs
(1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii), or (5)(B)(ii) of subsection
(g) that began for a product that is the subject of such patent may extend
beyond the expiration of the patent term in effect, the owner or its agent
may submit an application to the Commissioner for an interim extension
during the period beginning 6 months, and ending 15 days before such term
is due to expire. The application shall contain-

(i) the identity of the product subject to regulating review and the
Federal statute under which such review is occurring;

(ii) the identity of the patent for which interim extension is being sought
and the identity of each claim of such patent which claims the product
under regulatory review or a method of using or manufacturing the product;

(iii) information to enable the Commissioner to determine under subsection
(a)(1), (2), and (3) the eligibility of a patent for extension;

(iv) a brief description of the activities undertaken by the applicant
during the applicable regulatory review period to date with respect to the
product under review and the significant dates applicable to such
activities; and

(v) such patent or other information as the Commissioner may require.

(B) If the Commissioner determines that, except for permission to market or
use the product commercially, the patent would be eligible for an extension
of the patent term under this section, the Commissioner shall publish in
the Federal Register a notice of such determination, including the identity
of the product under regulatory review, and shall issue to the applicant a
certificate of interim extension for a period of not more than 1 year.

(C) The owner of record of a patent, or its agent, for which an interim
extension has been granted under subparagraph (B), may apply for nit more
than 4 subsequent interim extensions under this paragraph, except that, in
the case of a patent subject to subsection (g)(6)(C), the owner of record
of quent application shall be made during the period beginning 60 days
before, and ending 30 days before, the expiration of the preceding interim
extension.

(D) Each certificate of interim extension under this paragraph shall be
recorded in the official file of the patent and shall be considered part of
the original patent.

(E) Any interim extension granted under this paragraph shall terminate at
the end of the 60-day period beginning on the day on which the product
involved receives permission for commercial marketing or use, except that,
if within that 60-day period, the applicant notifies the Commissioner of
such permission and submits any additional information under paragraph (1)
of this subsection not previously contained in the application for interim
extension, the patent shall be further extended, in accordance with the
provisions of this section-

(i) for not to exceed 5 years from the date of expiration of the original
patent term; or

(ii) if the patent is subject to subsection (g)(6)(C), from the date on
which the product involved receives approval for commercial marketing or
use.

(F) The rights derived from any patent the term of which is extended under
this paragraph shall, during the period of interim extension-

(i) in the case of a patent which claims a product, be limited to any use
then under regulatory review;

(ii) in the case of a patent which claims a method of using a product, be
limited to any use claimed by the patent then under regulatory review; and

(iii) in the case of a patent which claims a method of manufacturing a
product, be limited to the method of.manufacturing as used to make the
product then under regulatory review.

(e)(1) A determination that a patent is eligible for exten- sion may be
made by the Commissioner solely on the basis of the representations
contained in the application for the extension. If the Commissioner
determines that a patent is eligible for extension under subsection (a) and
that the requirements of paragraphs (1) through (4) of subsection (d) have
been complied with, the Commissioner shall issue to the applicant for the
extension of the term of the patent a certificate of extension, under seal,
for the period prescribed by subsection (c). Such certificate shall be
recorded in the official file of the patent and shall be considered as part
of the original patent.

(2) If the term of a patent for which an application has been submitted
under subsection (d)(1) would expire before a certificate of extension is
issued or denied under paragraph (1) respecting the application, the
Commissioner shall extend, until such determination is made, the term of
the patent for periods of up to one year if he determines that the patent
is eligible for extension.

(f) For purposes of this section:

(1) The term "product" means:

(A) A drug product.

(B) Any medical device, food additive, or color additive subject to
regulation under the Federal Food, Drug, and Cosmetic Act.

(2) The term "drug product" means the active ingredient of-

(A) a new drug, antibiotic drug, or human biological product (as those
terms are used in the Federal Food, Drug, and Cosmetic Act and the Public
Health Service Act) or

(B) a new animal drug or veterinary biological product (as those terms are
used in the Federal Food, Drug, and Cosmetic Act and the Virus-Serum-Toxin
Act) which is not primarily manufactured using recombinant DNA, recombinant
RNA, hybridoma technology, or other processes involving site specific
genetic manipulation techniques, including any salt or ester of the active
ingredient, as a single entity or in combination with another active
ingredient.

(3) The term "major health or environmental effects test" means a test
which is reasonably related to the evaluation of the health or
environmental effects of a product, which requires at least six months to
conduct, and the data from which is submitted to receive permission for
commercial marketing or use. Periods of analysis or evaluation of test
results are not to be included in determining if the conduct of a test
required at least six months.

(4)(A) Any reference to section 351 is a reference to section 351 of the
Public Health Service Act.

(B) Any reference to section 503, 505, 507, 512, or 515 is a reference to
section 503, 505, 507, 512, or 515 of the Federal Food, Drug and Cosmetic
Act.

(C) Any reference to the Virus-Serum-Toxin Act is a reference to the Act of
March 4, 1913 (21 U.S.C. 151 - 158).

(5) The term "informal hearing" has the meaning prescribed for such term by
section 201(y) of the Federal Food, Drug and Cosmetic Act.

(6) The term "patent" means a patent issued by the United States Patent and
Trademark Office.

(7) The term "date of enactment" as used in this section means September
24, 1984, for human drug product, a medical device, food additive, or color
additive.

(8) The term "date of enactment" as used in this section means the date of
enactment of the Generic Animal Drug and Patent Term Restoration Act for an
animal drug or a veterinary biological product.

(g) For purposes of this section, the term "regulatory review period" has
the following meanings:

(1)(A) In the case of a product which is a new drug, antibiotic drug, or
human biological product, the term means the period described in
subparagraph (B) to which the limitation described in paragraph (6)
applies.

(B) The regulatory review period for a new drug, antibiotic drug, or human
biological product is the sum of --

(i) the period beginning on the date an exemption under subsection (i) of
section 505 or subsection (d) of section 507 became effective for the
approved product and ending on the date an application was initially
submitted for such drug product under section 351, 505, or 507, and

(ii) the period beginning on the date the application was initially
submitted for the approved product under section 351, subsection (b) of
section 505, or section 507 and ending on the date such application was
approved under such section.

(2)(A) In the case of a product which is a food additive or color additive,
the term means the period described in subparagraph (B) to which the
limitation described in paragraph (6) applies.

(B) The regulatory review period for a food or color additive is the sum of
-

(i) the period beginning on the date a major health or environmental
effects test on the additive was initiated and ending on the date a
petition was initially submitted with respect to the product under the
Federal Food, Drug, and Cosmetic Act requesting the issuance of a
regulation for use of the product, and

(ii) the period beginning on the date a petition was initially submitted
with respect to the product under the Federal Food, Drug, and Cosmetic Act
requesting the issuance of a regulation for use of the product, and ending
on the date such regulation became effective or, if objections were filed
to such regulation, ending on the date such objections were resolved and
commercial marketing was permitted or, if commercial marketing was
permitted and later revoked pending further proceedings as a result of such
objections, ending on the date such proceedings were finally resolved and
commercial marketing was permitted.

(3)(A) In the case of a product which is a medical device, the term means
the period described in subparagraph (B) to which the limitation described
in paragraph (6) applies.

(B) The regulatory review period for a medical device is the sum of -

(i) the period beginning on the date a clinical investigation on humans
involving the device was begun and ending on the date an application was
initially submitted with respect to the device under section 515, and

(ii) the period beginning on the date an application was initially
submitted with respect to the device under section 515 and ending on the
date such application was approved under such Act or the period beginning
on the date a notice of completion of a product development protocol was
initially submitted under section 515(f)(5) and ending on the date the
protocol was declared completed under section 515(f)(6).

(4)(A) In the case of a product which is a new animal drug, the term means
the period described in subparagraph (B) to which the limitation described
in paragraph (6) applies.

(B) The regulatory review period for a new animal drug product is the sum
of -

(i) the period beginning on the earlier of the date a major health or
environmental effects test on the drug was initiated or the date an
exemption under subsection (j) of section 512 became effective for the
approved new animal drug product and ending on the date an application was
initially submitted for such animal drug product under section 512, and

(ii) the period beginning on the date the application was initially
submitted for the approved animal drug product under subsection (b) of
section 512 and ending on the date such application was approved under such
section.

(5)(A) In the case of a product which is a veterinary biological product,
the term means the period described in subparagraph (B) to which the
limitation described in paragraph (6) applies.

(B) The regulatory period for a veterinary biological product is the sum of
-

(i) the period beginning on the date the authority to prepare an
experimental biological product under the Virus- Serum-Toxin Act became
effective and ending on the date an application for a license was submitted
under the Virus-Serum-Toxin Act, and

(ii) the period beginning on the date an application for a license was
initially submitted for approval under the Virus-Serum-Toxin Act and ending
on the date such license was issued.

(6) A period determined under any of the preceding paragraphs is subject to
the following limitations:

(A) If the patent involved was issued after the date of the enactment of
this section, the period of extension deter-

mined on the basis of the regulatory review period determined under any
such paragraph may not exceed five years.

(B) If the patent involved was issued before the date of the enactment of
this section and -

(i) no request for an exemption described in paragraph (1)(B) or (4)(B) was
submitted and no request for the authority described in paragraph (5)(B)
was submitted,

(ii) no major health or environment effects test described in paragraph
(2)(B) or (4)(B) was initiated and no petition for a regulation or
application for registration described in such paragraph was submitted, or

(iii) no clinical investigation described in paragraph (3) was begun or
product development protocol described in such paragraph was submitted,
before such date for the approved product the period of extension
determined on the basis of the regulatory review period determined under
any such paragraph may not exceed five years.

(C) If the patent involved was issued before the date of the enactment of
this section and if an action described in subparagraph (B) was taken
before the date of enactment of this section with respect to the approved
product and the commercial marketing or use of the product has not been
approved before such date, the period of extension determined on the basis
of the regulatory review period determined under such paragraph may not
exceed two years or in the case of an approved product which is a new
animal drug or veterinary biological product (as those terms are used in
the Federal Food, Drug, and Cosmetic Act or the Virus-Serum-Toxin Act),
three years.

(h) The Commissioner may establish such fees as the Commissioner determines
appropriate to cover the costs to the Office of receiving and acting upon
applications under this section.

(Added Sept. 24, 1984, Public Law 98-417, sec. 201, 98 Stat. 1598; amended
Nov. 16, 1988, Public Law 100-670, sec. 201, 102 Stat. 3971; Dec. 3, 1993,
Public Law 103-179, sec. 5, 107 Stat. 2040; subsection (a)(2) amended, Dec
8, 1994, Public Law 103-465, sec. 532, 108 Stat. 4809, effective June 8,
1995.)

35 U.S.C. 157 Statutory invention registration.

(a) Notwithstanding any other provision of this title, the Commissioner is
authorized to publish a statutory invention registration containing the
specification and drawings of a regularly filed application for a patent
without examination if the applicant -

(1) meets the requirements of section 112 of this title;

(2) has complied with the requirements for printing; as set forth in
regulations of the Commissioner;

(3) waives the right to receive a patent on the invention within such
period as may be prescribed by the Commissioner; and

(4) pays application, publication, and other processing fees established by
the Commissioner.

If an interference is declared with respect to such an application, a
statutory invention registration may not be published unless the issue of
priority of invention is finally determined in favor of the applicant.

(b) The waiver under subsection (a)(3) of this section by an applicant
shall take effect upon publication of the statutory invention registration.

(c) A statutory invention registration published pursuant to this section
shall have all of the attributes specified for patents in this title except
those specified in section 183 and sections 271 through 289 of this title.
A statutory invention registration shall not have any of the attributes
specified for patents in any other provision of law other than this title.
A statutory invention registration published pursuant to this section shall
give appropriate notice to the public, pursuant to regulations which the
Commissioner shall issue, of the preceding provisions of this subsection.
The invention with respect to which a statutory invention certificate is
published is not a patented invention for purposes of section 292 of this
title.

(d) The Secretary of Commerce shall report to the Congress annually on the
use of statutory invention registrations. Such report shall include an
assessment of the degree to which agencies of the federal government are
making use of the statutory invention registration system, the degree to
which it aids the management of federally developed technology, and an
assessment of the cost savings to the Federal Government of the uses of
such procedures. (Added Nov. 8, 1984, Public Law 98-662, sec. 102, 98 Stat.
3383.)

35 U.S.C. 161 Patents for plants.

Whoever invents or discovers and asexually reproduces any distinct and new
variety of plant, including cultivated sports, mutants, hybrids, and newly
found seedlings, other than a tuber propagated plant or a plant found in an
uncultivated state, may obtain a patent therefor, subject to the conditions
and requirements of this title.

The provisions of this title relating to patents for inventions shall apply
to patents for plants, except as otherwise provided.

(Amended Sept. 3, 1954, 68 Stat. 1190.)

35 U.S.C. 162 Description, claim.

No plant patent shall be declared invalid for noncompliance with section
112 of this title if the description is as complete as is reasonably
possible.

The claim in the specification shall be in formal terms to the plant shown
and described.

35 U.S.C. 163 Grant.

In the case of a plant patent the grant shall be of the right to exclude
others from asexually reproducing the plant or selling or using the plant
so reproduced.

35 U.S.C. 164 Assistance of the Department of Agriculture.

The President may by Executive order direct the Secretary of Agriculture,
in accordance with the requests of the Commissioner, for the purpose of
carrying into effect the provisions of this title with respect to plants
(1) to furnish available information of the Department of Agriculture, (2)
to conduct through the appropriate bureau or division of the Department
research upon special problems, or (3) to detail to the Commissioner
officers and employees of the Department.

35 U.S.C. 171 Patents for designs.

Whoever invents any new, original, and ornamental design for an article of
manufacture may obtain a patent therefor, subject to the conditions and
requirements of this title.

The provisions of this title relating to patents for inventions shall apply
to patents for designs, except as otherwise provided.

35 U.S.C. 172 Right of priority.

The right of priority provided for by subsections (a) through (d) of
section 119 of this title and the time specified in section 102(d) shall be
six months in the case of designs. The right of priority provided for by
section 119(e) of this title shall not apply to designs.

(Amended Dec. 8, 1994, Public Law 103-465, sec. 532, 108 Stat. 4809,
effective June 8, 1995.)

35 U.S.C. 173 Term of design patent.

Patents for designs shall be granted for the term of fourteen years from
the date of grant.

(Amended Aug. 27, 1982, Public Law 97-247, sec. 16, 96 Stat. 321; amended
Dec. 8, 1994, Public Law 103-465, sec. 532, 108 Stat. 4809, effective June
8, 1995.)

35 U.S.C. 181 Secrecy of certain inventions and withholding of patent.

Whenever publication or disclosure by the grant of a patent on an invention
in which the Government has a property interest might, in the opinion of
the head of the interested Government agency, be detrimental to the
national security, the Commissioner upon being so notified shall order that
the invention be kept secret and shall withhold the grant of a patent
therefor under the conditions set forth hereinafter.

Whenever the publication or disclosure of an invention by the granting of a
patent, in which the Government does not have a property interest, might,
in the opinion of the Commissioner, be detrimental to the national
security, he shall make the application for patent in which such invention
is disclosed available for inspection to the Atomic Energy Commission, the
Secretary of Defense, and the chief officer of any other department or
agency of the Government designated by the President as a defense agency of
the United States. Each individual to whom the application is disclosed
shall sign a dated acknowledgment thereof, which acknowledgment shall be
entered in the file of the application. If, in the opinion of the Atomic
Energy Commission, the Secretary of a Defense Department, or the chief
officer of another department or agency so designated, the publication or
disclosure of the invention by the granting of a patent therefor would be
detrimental to the national security, the Atomic Energy Commission, the
Secretary of a Defense Department, or such other chief officer shall notify
the Commissioner and the Commissioner shall order that the invention be
kept secret and shall withhold the grant of a patent for such period as the
national interest requires, and notify the applicant thereof. Upon proper
showing by the head of the department or agency who caused the secrecy
order to be issued that the examination of the application might jeopardize
the national interest, the Commissioner shall thereupon maintain the
application in a sealed condition and notify the applicant thereof. The
owner of an application which has been placed under a secrecy order shall
have a right to appeal from the order to the Secretary of Commerce under
rules prescribed by him. An invention shall not be ordered kept secret and
the grant of a patent withheld for a period of more than one year. The
Commissioner shall renew the order at the end thereof, or at the end of any
renewal period, for additional periods of one year upon notification by the
head of the department or the chief officer of the agency who caused the
order to be issued that an affirmative determination has been made that the
national interest continues to so require. An order in effect, or issued,
during a time when the United States is at war, shall remain in effect for
the duration of hostilities and one year following cessation of
hostilities. An order in effect, or issued, during a national emergency
declared by the President shall remain in effect for the duration of the
national emergency and six months thereafter. The Commissioner may rescind
any order upon notification by the heads of the departments and the chief
officers of the agencies who caused the order to be issued that the
publication or disclosure of the invention is no longer deemed detrimental
to the national security.

35 U.S.C. 182 Abandonment of invention for unauthorized disclosure.

The invention disclosed in an application for patent subject to an order
made pursuant to section 181 of this title may be held abandoned upon its
being established by the Commissioner that in violation of said order the
invention has been published or disclosed or that an application for a
patent therefor has been filed in a foreign country by the inventor, his
successors, assigns, or legal representatives, or anyone in privity with
him or them, without the consent of the Commissioner. The abandonment shall
be held to have occurred as of the time of violation. The consent of the
Commissioner shall not be given without the concurrence of the heads of the
departments and the chief officers of the agencies who caused the order to
be issued. A holding of abandonment shall constitute forfeiture by the
applicant, his successors, assigns, or legal representatives, or anyone in
privity with him or them, of all claims against the United States based
upon such invention.

35 U.S.C. 183 Right to compensation.

An applicant, his successors, assigns, or legal representatives, whose
patent is withheld as herein provided, shall have the right, beginning at
the date the applicant is notified that, except for such order, his
application is otherwise in condition for allowance, or February 1, 1952,
whichever is later, and ending six years after a patent is issued thereon,
to apply to the head of any department or agency who caused the order to be
issued for compensation for the damage caused by the order of secrecy
and/or for the use of the invention by the Government, resulting from his
disclosure. The right to compensation for use shall begin on the date of
the first use of the invention by the Government. The head of the
department or agency is authorized, upon the presentation of a claim, to
enter into an agreement with the applicant, his successors, assigns, or
legal representatives, in full settlement for the damage and/or use. This
settlement agreement shall be conclusive for all purposes notwithstanding
any other provision of law to the contrary. If full settlement of the claim
cannot be effected, the head of the department or agency may award and pay
to such applicant, his successors, assigns, or legal representatives, a sum
not exceeding 75 per centum of the sum which the head of the department or
agency considers just compensation for the damage and/or use. A claimant
may bring suit against the United States in the United States Claims Court
or in the District Court of the United States for the district in which
such claimant is a resident for an amount which when added to the award
shall constitute just compensation for the damage and/or use of the
invention by the Government. The owner of any patent issued upon an
application that was subject to a secrecy order issued pursuant to section
181 of this title, who did not apply for compensation as above provided,
shall have the right, after the date of issuance of such patent, to bring
suit in the United States Claims Court for just compensation for the damage
caused by reason of the order of secrecy and/or use by the Government of
the invention resulting from his disclosure. The right to compensation for
use shall begin on the date of the first use of the invention by the
Government. In a suit under the provisions of this section the United
States may avail itself of all defenses it may plead in an action under
section 1498 of title 28. This section shall not confer a right of action
on anyone or his successors, assigns, or legal representatives who, while
in the full-time employment or service of the United States, discovered,
invented, or developed the invention on which the claim is based.

(Amended Apr. 2, 1982, Public Law 97-164, sec. 160, 96 Stat. 48.)

35 U.S.C. 184 Filing of application in foreign country.

Except when authorized by a license obtained from the Commissioner a person
shall not file or cause or authorize to be filed in any foreign country
prior to six months after filing in the United States an application for
patent or for the registration of a utility model, industrial design, or
model in respect of an invention made in this country. A license shall not
be granted with respect to an invention subject to an order issued by the
Commissioner pursuant to section 181 of this title without the concurrence
of the head of the departments and the chief officers of the agencies who
caused the order to be issued. The license may be granted retroactively
where an application has been filed abroad through error and without
deceptive intent and the application does not disclose an invention within
the scope of section 181 of this title.

The term "application" when used in this chapter includes applications and
any modifications, amendments, or supplements thereto, or divisions
thereof. The scope of a license shall permit subsequent modifications,
amendments, and supplements containing additional subject matter if the
application upon which the request for the license is based is not, or was
not, required to be made available for inspection under section 181 of this
title and if such modifications, amendments, and supplements do not change
the general nature of the invention in a manner which would require such
application to be made available for inspection under such section 181. In
any case in which a license is not, or was not, required in order to file
an application in any foreign country, such subsequent modifications,
amendments, and supplements may be made, without a license, to the
application filed in the foreign country if the United States application
was not required to be made available for inspection under section 181 and
if such modifications, amendments, and supplements do not, or did not,
change the general nature of the invention in a manner which would require
the United States application to have been made available for inspection
under such section 181.

(Amended August 23, 1988, Public Law 100-418, sec. 9101.)

35 U.S.C. 185 Patent barred for filing without license.

Notwithstanding any other provisions of law any person, and his successors,
assigns, or legal representatives,shall not receive a United States patent
for an invention if that person, or his successors, assigns, or legal
representatives shall, without procuring the license prescribed in section
184 of this title, have made, or consented to or assisted another's making,
application in a foreign country for a patent or for the registration of a
utility model, industrial design, or model in respect of the invention. A
United States patent issued to such person, his successors assigns, or
legal representatives shall be invalid unless the failure to procure such
license was through error and without deceptive intent, and the patent does
not disclose subject matter within the scope of section 181 of this title.

(Amended August 23, 1988, Public Law 100-418, sec. 9101.)

35 U.S.C. 186 Penalty.

Whoever, during the period or periods of time an invention has been ordered
to be kept secret and the grant of a patent thereon withheld pursuant to
section 181 of this title, shall, with knowledge of such order and without
due authorization, willfully publish or disclose or authorize or cause to
be published or disclosed the invention, or material information with
respect thereto, or whoever willfully, in violation of the provisions of
section 184 of this title, shall file or cause or authorize to be filed in
any foreign country an application for patent or for the registration of a
utility model, industrial design, or model in respect of any invention made
in the United States, shall, upon conviction, be fined not more than
$10,000 or imprisoned for not more than two years, or both.

(Amended August 23, 1988, Public Law 100-418, sec. 9101.)

35 U.S.C. 187 Nonapplicability to certain persons.

The prohibitions and penalties of this chapter shall not apply to any
officer or agent of the United States acting within the scope of his
authority, nor to any person acting upon his written instructions or
permission.

35 U.S.C. 188 Rules and regulations, delegation of power.

The Atomic Energy Commission, the Secretary of a defense department, the
chief officer of any other department or agency of the Government
designated by the President as a defense agency of the United States, and
the Secretary of Commerce, may separately issue rules and regulations to
enable the respective department or agency to carry out the provisions of
this chapter, and may delegate any power conferred by this chapter.

35 U.S.C. 200 Policy and objective.

It is the policy and objective of the Congress to use the patent system to
promote the utilization of inventions arising from federally supported
research or development; to encourage maximum participation of small
business firms in federally supported research and development efforts; to
promote collaboration between commercial concerns and nonprofit
organizations, including universities; to ensure that inventions made by
nonprofit organizations and small business firms are used in a manner to
promote free competition and

enterprise; to promote the commercialization and public availability of
inventions made in the United States by United States industry and labor;
to ensure that the Government obtains sufficient rights in federally
supported inventions to meet the needs of the Government and protect the
public against nonuse or unreasonable use of inventions; and to minimize
the costs of administering policies in this area.

(Added Dec. 12, 1980, Public Law 96-517, sec. 6(a), 94 Stat. 3019.)

35 U.S.C. 201 Definitions.

As used in this chapter -

(a) The term "Federal agency" means any executive agency as defined in
section 105 of title 5, United States Code, and the military departments as
defined by section 102 of title 5, United States Code.

(b) The term "funding agreement" means any contract, grant, or cooperative
agreement entered into between any Federal agency, other than the Tennessee
Valley Authority, and any contractor for the performance of experimental,
developmental, or research work funded in whole or in part by the Federal
Government. Such term includes any assignment, substitution of parties, or
subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as herein
defined.

(c) The term "contractor" means any person, small business firm, or
nonprofit organization that is a party to a funding agreement.

(d) The term "invention" means any invention or discovery which is or may
be patentable or otherwise protectable under this title or any novel
variety of plant which is or may be protectable under the Plant Variety
Protection Act (7 U.S.C. 2321, et seq.).

(e) The term "subject invention" means any invention of the contractor
conceived or first actually reduced to practice in the performance of work
under a funding agreement: Provided, That in the case of a variety of
plant, the date of determination (as defined in section 41(d) of the Plant
Variety Protection Act (7 U.S.C. 2401(d)) must also occur during the period
of contract performance.

(f) The term "practical application" means to manufacture in the case of a
composition or product, to practice in the case of a process or method, or
to operate in the case of a machine or system; and, in each case, under
such conditions as to establish that the invention is being utilized and
that its

benefits are to the extent permitted by law or Government regulations
available to the public on reasonable terms.

(g) The term "made" when used in relation to any invention means the
conception or first actual reduction to practice of such invention.

(h) The term "small business firm" means a small business concern as
defined at section 2 of Public Law 85-536 (15 U.S.C. 632) and implementing
regulations of the Administrator of the Small Business Administration.

(i) The term "nonprofit organization" means universities and other
institutions of higher education or an organization of the type described
in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C.
501(c)) and exempt from taxation under section 501(a) of the Internal
Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational
organization qualified under a State nonprofit organization statute.

(Subsection (d) amended Nov. 8, 1984, Public Law 98-620, sec. 501(1), 98
Stat. 3364.)

(Subsection (e) amended Nov. 8, 1984, Public Law 98-620, sec. 501(2), 98
Stat. 3364.)

(Subsection (i) added Dec. 12, 1980, Public Law 96-517, sec. 6(a), 94 Stat.
3019.)

35 U.S.C. 202 Disposition of rights.

(a) Each nonprofit organization or small business firm may, within a
reasonable time after disclosure as required by paragraph (c)(1) of this
section, elect to retain title to any subject invention: Provided, however,
That a funding agreement may provide otherwise (i) when the contractor is
not located in the United States or does not have a place of business
located in the United States or is subject to the control of a foreign
government, (ii) in exceptional circumstances when it is determined by the
agency that restriction or elimination of the right to retain title to any
subject invention will better promote the policy and objectives of this
chapter, (iii) when it is determined by a Government authority which is
authorized by statute or Executive order to conduct foreign intelligence or
counterintelligence activities that the restriction or elimination of the
right to retain title to any subject invention is necessary to protect the
security of such activities, or (iv) when the funding agreement includes
the operation of a Government-owned, contractor-operated facility of the
Department of Energy primarily dedicated to that Department's naval nuclear
propulsion or weapons related programs and all funding agreement
limitations under this subparagraph on the contractor's right to elect
title to a subject invention are limited to inventions occurring under the
above two programs of the Department of Energy. The rights of the nonprofit
organization or small business firm shall be subject to the provisions of
paragraph (c) of this section and the other provisions of this chapter.

(b)(1) The rights of the Government under subsection (a) shall not be
exercised by a Federal agency unless it first determines that at least one
of the conditions identified in clauses (i) through (iii) of subsection (a)
exists. Except in the case of subsection (a)(iii), the agency shall file
with the Secretary of Commerce, within thirty days after the award of the
applicable funding agreement, a copy of such determination. In the case of
a determination under subsection (a)(ii), the statement shall include an
analysis justifying the determination. In the case of determinations
applicable to funding agreements with small business firms, copies shall
also be sent to the Chief Counsel for Advocacy of the Small Business
Administration. If the Secretary of Commerce believes that any individual
determination or pattern of determinations is contrary to the policies and
objectives of this chapter or otherwise not in conformance with this
chapter, the Secretary shall so advise the head of the agency concerned and
the Administrator of the Office of Federal Procurement Policy, and
recommend corrective actions.

(2) Whenever the Administrator of the Office of Federal Procurement Policy
has determined that one or more Federal agencies are utilizing the
authority of clause (i) or (ii) of subsection (a) of this section in a
manner that is contrary to the policies and objectives of this chapter the
Administrator is authorized to issue regulati