dreamproit/uscode huggingface dataset:
35 U.S.C. § 328 (PATENTS)
§ 328. Decision of the Board
(a) Final Written Decision.—
If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d).
(b) Certificate.—
If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent by operation of the certificate any new or amended claim determined to be patentable.
(c) Intervening Rights.—
Any proposed amended or new claim determined to be patentable and incorporated into a patent following a post-grant review under this chapter shall have the same effect as that specified in section 252 for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the issuance of a certificate under subsection (b).
(d) Data on Length of Review.—
The Office shall make available to the public data describing the length of time between the institution of, and the issuance of a final written decision under subsection (a) for, each post-grant review.
(Added and amended Pub. L. 112–29, §§ 6(d), 20(j), Sept. 16, 2011, 125 Stat. 310, 335.)
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (c). Pub. L. 112–29, § 20(j), struck out “of this title” after “252”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
heading: Effective Date
text: Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 329 (PATENTS)
§ 329. Appeal
A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 328(a) may appeal the decision pursuant to sections 141 through 144. Any party to the post-grant review shall have the right to be a party to the appeal.
(Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 311.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 362 (PATENTS)
§ 362. International Searching Authority and International Preliminary Examining Authority
(a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties required of such Authorities, including the collection of handling fees and their transmittal to the International Bureau.
(b) The handling fee, preliminary examination fee, and any additional fees due for international preliminary examination shall be paid within such time as may be fixed by the Director.
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 4, Nov. 6, 1986, 100 Stat. 3485; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsec. (b). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
1986—Pub. L. 99–616 inserted “and International Preliminary Examining Authority” in section catchline and amended text generally. Prior to amendment, text read as follows: “The Patent and Trademark Office may act as an International Searching Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau.”
1984—Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
heading: Effective Date
text: Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
35 U.S.C. § 363 (PATENTS)
§ 363. International application designating the United States: Effect
An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 686; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 112–29, §§ 3(g)(3), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “102(e)”.
Pub. L. 112–29, § 3(g)(3), which directed the striking out of “except as otherwise provided in section 102(e) of this title”, was executed by striking out “except as otherwise provided in section 102(e)” before period at end, to reflect the probable intent of Congress, because the words “of this title” did not appear subsequent to amendment by Pub. L. 112–29, § 20(j). See note above and Effective Date of 2011 Amendment notes below.
1984—Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: Amendment by section 3(g)(3) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
heading: Effective Date
text: Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
35 U.S.C. § 367 (PATENTS)
§ 367. Actions of other authorities: Review
(a) Where a Receiving Office other than the Patent and Trademark Office has refused to accord an international filing date to an international application designating the United States or where it has held such application to be withdrawn either generally or as to the United States, the applicant may request review of the matter by the Director, on compliance with the requirements of and within the time limits specified by the treaty and the Regulations. Such review may result in a determination that such application be considered as pending in the national stage.
(b) The review under subsection (a) of this section, subject to the same requirements and conditions, may also be requested in those instances where an international application designating the United States is considered withdrawn due to a finding by the International Bureau under article 12(3) of the treaty.
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
heading: Editorial Notes
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
1984—Subsec. (a). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
heading: Effective Date
text: Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
35 U.S.C. § 368 (PATENTS)
§ 368. Secrecy of certain inventions; filing international applications in foreign countries
(a) International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17.
(b) In accordance with article 27(8) of the treaty, the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17, whether or not the United States is designated in that international application.
(c) If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure.
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 687; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616, § 6, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
heading: Editorial Notes
heading: Amendments
text: 2011—Subsecs. (a), (b). Pub. L. 112–29 struck out “of this title” after “17”.
1986—Subsec. (c). Pub. L. 99–616 substituted a comma for “or” after “Receiving Office” and “International Preliminary Examining Authority” for “both”.
1984—Subsecs. (a), (c). Pub. L. 98–622 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–616 effective July 1, 1987, and applicable to all international applications pending before or after that date, see section 9 of Pub. L. 99–616, set out as a note under section 351 of this title.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–622 effective Nov. 8, 1984, see section 406(a) of Pub. L. 98–622, set out as a note under section 351 of this title.
heading: Effective Date
text: Section effective Jan. 24, 1978, and applicable to international and national applications filed on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
35 U.S.C. § 373 (PATENTS)
[§ 373. Repealed. Pub. L. 112–274, § 1(i), Jan. 14, 2013, 126 Stat. 2457]
text: Section, added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–465, title V, § 532(c)(5), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335, related to improper applicant.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112–274, set out as an Effective Date of 2013 Amendment note under section 5 of this title.
35 U.S.C. § 374 (PATENTS)
§ 374. Publication of international application
The publication under the treaty defined in section 351(a), of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in section 154(d).
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat. 689; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(10)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566; Pub. L. 107–273, div. C, title III, § 13205(2)(E), Nov. 2, 2002, 116 Stat. 1903; Pub. L. 112–29, §§ 3(g)(4), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “351(a)” and after “and 154(d)”.
Pub. L. 112–29, § 3(g)(4), substituted “section 154(d)” for “sections 102(e) and 154(d)”.
2002—Pub. L. 107–273 amended Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(10)], see 1999 Amendment note below. Prior to being amended by Pub. L. 107–273, Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(10)], had amended this section to read as follows: “The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d) of this title.”
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, amended section catchline and text generally. Prior to amendment, text read as follows: “The publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: Amendment by section 3(g)(4) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title.
heading: Effective Date
text: Section effective Jan. 24, 1978, and applicable to international and national applications filed, on and after that date, see section 11 of Pub. L. 94–131, set out as a note under section 351 of this title.
35 U.S.C. § 381 (PATENTS)
§ 381. Definitions
(a) In General.—
When used in this part, unless the context otherwise indicates—
(1) the term “treaty” means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999;
(2) the term “regulations”—
(A) when capitalized, means the Common Regulations under the treaty; and
(B) when not capitalized, means the regulations established by the Director under this title;
(3) the terms “designation”, “designating”, and “designate” refer to a request that an international registration have effect in a Contracting Party to the treaty;
(4) the term “International Bureau” means the international intergovernmental organization that is recognized as the coordinating body under the treaty and the Regulations;
(5) the term “effective registration date” means the date of international registration determined by the International Bureau under the treaty;
(6) the term “international design application” means an application for international registration; and
(7) the term “international registration” means the international registration of an industrial design filed under the treaty.
(b) Rule of Construction.—
Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1527.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.
35 U.S.C. § 382 (PATENTS)
§ 382. Filing international design applications
(a) In General.—
Any person who is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, may file an international design application by submitting to the Patent and Trademark Office an application in such form, together with such fees, as may be prescribed by the Director.
(b) Required Action.—
The Patent and Trademark Office shall perform all acts connected with the discharge of its duties under the treaty, including the collection of international fees and transmittal thereof to the International Bureau. Subject to chapter 17, international design applications shall be forwarded by the Patent and Trademark Office to the International Bureau, upon payment of a transmittal fee.
(c) Applicability of Chapter 16.—
Except as otherwise provided in this chapter, the provisions of chapter 16 shall apply.
(d) Application Filed in Another Country.—
An international design application on an industrial design made in this country shall be considered to constitute the filing of an application in a foreign country within the meaning of chapter 17 if the international design application is filed—
(1) in a country other than the United States;
(2) at the International Bureau; or
(3) with an intergovernmental organization.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1528.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.
35 U.S.C. § 383 (PATENTS)
§ 383. International design application
In addition to any requirements pursuant to chapter 16, the international design application shall contain—
(1) a request for international registration under the treaty;
(2) an indication of the designated Contracting Parties;
(3) data concerning the applicant as prescribed in the treaty and the Regulations;
(4) copies of a reproduction or, at the choice of the applicant, of several different reproductions of the industrial design that is the subject of the international design application, presented in the number and manner prescribed in the treaty and the Regulations;
(5) an indication of the product or products that constitute the industrial design or in relation to which the industrial design is to be used, as prescribed in the treaty and the Regulations;
(6) the fees prescribed in the treaty and the Regulations; and
(7) any other particulars prescribed in the Regulations.
(Added Pub. L. 112–211, title I, § 101(a), Dec. 18, 2012, 126 Stat. 1528.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.