dreamproit/uscode huggingface dataset:
35 U.S.C. § 185 (PATENTS)
§ 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, 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 the patent does not disclose subject matter within the scope of section 181.
(July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100–418, title IX, § 9101(b)(2), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 107–273, div. C, title III, § 13206(a)(11), Nov. 2, 2002, 116 Stat. 1904; Pub. L. 112–29, § 20(c), (j), Sept. 16, 2011, 125 Stat. 333, 335.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 155 (Feb. 1, 1952, ch. 4, § 5, 66 Stat. 5).
Language is changed.
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–29 struck out “of this title” after “184” and after “181” and struck out “and without deceptive intent” after “error”.
2002—Pub. L. 107–273 struck out second period at end.
1988—Pub. L. 100–418 inserted before period at end “, 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.”
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 1988 Amendment
text: Amendment by Pub. L. 100–418 applicable, subject to certain qualifications and exceptions, to all United States patents, and to all licenses under section 184 of this title, regardless of the date such patents or licenses are granted, and to all applications for such patents pending on or filed after Aug. 23, 1988, see section 9101(d) of Pub. L. 100–418, set out as a note under section 184 of this title.
35 U.S.C. § 186 (PATENTS)
§ 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, 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, 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.
(July 19, 1952, ch. 950, 66 Stat. 807; Pub. L. 100–418, title IX, § 9101(b)(3), Aug. 23, 1988, 102 Stat. 1568; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 156 (Feb. 1, 1952, ch. 4, § 6, 66 Stat. 5, 6).
Language is changed.
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–29 struck out “of this title” after “181” and after “184”.
1988—Pub. L. 100–418, which directed the insertion of “willfully” after second reference to “whoever”, was executed by making the insertion after “or whoever”, as the probable intent of Congress.
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 1988 Amendment
text: Amendment by Pub. L. 100–418 applicable, subject to certain qualifications and exceptions, to all United States patents, and to all licenses under section 184 of this title, regardless of the date such patents or licenses are granted, and to all applications for such patents pending on or filed after Aug. 23, 1988, see section 9101(d) of Pub. L. 100–418, set out as a note under section 184 of this title.
35 U.S.C. § 188 (PATENTS)
§ 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.
(July 19, 1952, ch. 950, 66 Stat. 808.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 158 (Feb. 1, 1952, ch. 4, § 8, 66 Stat. 6).
Language is changed.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.
heading: Executive Documents
heading: Defense Agencies
text: Department of Justice designated as a defense agency of United States for purposes of this chapter by Executive Order No. 10457, May 27, 1953, 18 F.R. 3083.
35 U.S.C. § 200 (PATENTS)
§ 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 without unduly encumbering future research and discovery; 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 Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3018; amended Pub. L. 106–404, § 5, Nov. 1, 2000, 114 Stat. 1745.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–404 substituted “enterprise without unduly encumbering future research and discovery;” for “enterprise;”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
heading: Short Title
text: This chapter is popularly known as the Bayh-Dole Act. Section 6(a) of Pub. L. 96–517, Dec. 12, 1980, 94 Stat. 3018, which enacted this chapter, is also popularly known as the Bayh-Dole Act and also as the University and Small Business Patent Procedures Act of 1980. For complete classification of section 6(a) of Pub. L. 96–517 to the Code, see Tables.
35 U.S.C. § 204 (PATENTS)
§ 204. Preference for United States industry
Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit organization shall grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency under whose funding agreement the invention was made upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
(Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
35 U.S.C. § 205 (PATENTS)
§ 205. Confidentiality
Federal agencies are authorized to withhold from disclosure to the public information disclosing any invention in which the Federal Government owns or may own a right, title, or interest (including a nonexclusive license) for a reasonable time in order for a patent application to be filed. Furthermore, Federal agencies shall not be required to release copies of any document which is part of an application for patent filed with the United States Patent and Trademark Office or with any foreign patent office.
(Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
35 U.S.C. § 206 (PATENTS)
§ 206. Uniform clauses and regulations
The Secretary of Commerce may issue regulations which may be made applicable to Federal agencies implementing the provisions of sections 202 through 204 of this chapter and shall establish standard funding agreement provisions required under this chapter. The regulations and the standard funding agreement shall be subject to public comment before their issuance.
(Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023; amended Pub. L. 98–620, title V, § 501(10), Nov. 8, 1984, 98 Stat. 3367.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–620 amended section generally. Prior to amendment, section read as follows: “The Office of Federal Procurement Policy, after receiving recommendations of the Office of Science and Technology Policy, may issue regulations which may be made applicable to Federal agencies implementing the provisions of sections 202 through 204 of this chapter and the Office of Federal Procurement Policy shall establish standard funding agreement provisions required under this chapter.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
35 U.S.C. § 208 (PATENTS)
§ 208. Regulations governing Federal licensing
The Secretary of Commerce is authorized to promulgate regulations specifying the terms and conditions upon which any federally owned invention, other than inventions owned by the Tennessee Valley Authority, may be licensed on a nonexclusive, partially exclusive, or exclusive basis.
(Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3024; amended Pub. L. 98–620, title V, § 501(12), Nov. 8, 1984, 98 Stat. 3367.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–620 substituted “Secretary of Commerce” for “Administrator of General Services”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
35 U.S.C. § 211 (PATENTS)
§ 211. Relationship to antitrust laws
Nothing in this chapter shall be deemed to convey to any person immunity from civil or criminal liability, or to create any defenses to actions, under any antitrust law.
(Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3027.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
35 U.S.C. § 253 (PATENTS)
§ 253. Disclaimer
(a) In General.—
Whenever a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid. A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of his interest in such patent. Such disclaimer shall be in writing, and recorded in the Patent and Trademark Office; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.
(b) Additional Disclaimer or Dedication.—
In the manner set forth in subsection (a), any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112–29, § 20(e), Sept. 16, 2011, 125 Stat. 334.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 65 (R.S. 4917).
Language is changed and substantive changes are introduced; (1) only a claim as a whole may be disclaimed, and (2) the provision regarding delay is omitted. See preliminary general description of bill.
See section 288.
The second paragraph is new and provides for the disclaiming or dedication of an entire patent, or any terminal part of the term, for example, a patentee may disclaim the last three years of the term of his patent.
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–29 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, in subsec. (a), substituted “Whenever” for “Whenever, without any deceptive intention,”, and, in subsec. (b), substituted “In the manner set forth in subsection (a),” for “In like manner”.
1975—Pub. L. 93–596 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 1975 Amendment
text: Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
35 U.S.C. § 254 (PATENTS)
§ 254. Certificate of correction of Patent and Trademark Office mistake
Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, the Director may issue a certificate of correction stating the fact and nature of such mistake, under seal, without charge, to be recorded in the records of patents. A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent, together with such certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form. The Director may issue a corrected patent without charge in lieu of and with like effect as a certificate of correction.
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; 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: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 88 (Mar. 4, 1925, ch. 535, § 1, 43 Stat. 1268).
The last sentence of the present section is omitted as obsolete. A sentence is added similar to a provision in the corresponding section in the trade-mark law, 15 U.S.C., 1946 ed., § 1057(f), and provides that the Commissioner may issue a corrected patent instead of a certificate of correction.
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in two places.
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in section catchline and text.
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 1975 Amendment
text: Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
35 U.S.C. § 255 (PATENTS)
§ 255. Certificate of correction of applicant’s mistake
Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent and Trademark Office, appears in a patent and a showing has been made that such mistake occurred in good faith, the Director may, upon payment of the required fee, issue a certificate of correction, if the correction does not involve such changes in the patent as would constitute new matter or would require re-examination. Such patent, together with the certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form.
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; 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: Historical and Revision Notes
text: This section providing for the correction of minor clerical errors made by the applicant, is new and follows a similar provision in the trade-mark law, 15 U.S.C., 1946 ed., § 1057(g).
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
1975—Pub. L. 93–596 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 1975 Amendment
text: Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
35 U.S.C. § 262 (PATENTS)
§ 262. Joint owners
In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.
(July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 103–465, title V, § 533(b)(3), Dec. 8, 1994, 108 Stat. 4989.)
heading: Historical and Revision Notes
text: This section states a condition in existing law not expressed in the existing statutes.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–465 substituted “use, offer to sell, or sell” for “use or sell” and inserted “within the United States, or import the patented invention into the United States,” after “invention”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title.
35 U.S.C. § 266 (PATENTS)
[§ 266. Repealed. Pub. L. 89–83, § 8, July 24, 1965, 79 Stat. 261]
text: Section, act July 19, 1952, ch. 950, § 1, 66 Stat. 811, provided for issuance of patents to government employees without fees.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective three months after July 24, 1965, see section 7(a) of Pub. L. 89–83, set out as an Effective Date of 1965 Amendment note under section 41 of this title.
35 U.S.C. § 267 (PATENTS)
§ 267. Time for taking action in Government applications
Notwithstanding the provisions of sections 133 and 151, the Director may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Director that the invention disclosed therein is important to the armament or defense of the United States.
(July 19, 1952, ch. 950, 66 Stat. 811; 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; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
heading: Historical and Revision Notes
text: Based on Title 35, U.S.C., 1946 ed., § 37 (R.S. 4894, amended (1) Mar. 3, 1897, ch. 391, § 4, 29 Stat. 692, 693, (2) July 6, 1916, ch. 225, § 1, 39 Stat. 345, 347–8, (3) Mar. 2, 1927, ch. 273, § 1, 44 Stat. 1335, (4) Aug. 7, 1939, ch. 568, 53 Stat. 1264).
This provision, which appears as the last two sentences of the corresponding section of the present statute (see note to section 133) is made a separate section and rewritten in simpler form.
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 112–29 struck out “of this title” after “151”.
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in two places.
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 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.