clause is changed to "the right to exclude others from making, using, or selling", following language used by the Supreme Court, to render the meaning clearer.
"United States" is defined in section 100.
Editorial Notes
References in TextThe date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (c)(1), (2)(A), is the date of enactment of Pub. L. 103-465, which was approved Dec. 8, 1994.
Amendments2013 - Subsec. (b)(1)(A)(i)(II). Pub. L. 112-274, § 1(h)(1)(A), which directed substitution of "of commencement of the national stage under section 371 in an international application" for "on which an international application fulfilled the requirements of section 371 of this title", was executed by making the substitution for "on which an international application fulfilled the requirements of section 371", to reflect the probable intent of Congress and the intervening amendment by Pub. L. 112-29, § 20(j). See 2011 Amendment note below.
Subsec. (b)(1)(B). Pub. L. 112-274, § 1(h)(1)(B), substituted "the application under section 111(a) in the United States or, in the case of an international application, the date of commencement of the national stage under section 371 in the international application" for "the application in the United States" in introductory provisions.
Subsec. (b)(3)(B)(i). Pub. L. 112-274, § 1(h)(2), substituted "no later than the date of issuance of the patent" for "with the written notice of allowance of the application under section 151".
Subsec. (b)(4)(A). Pub. L. 112-274, § 1(h)(3), substituted "the Director's decision on the applicant's request for reconsideration under paragraph (3)(B)(ii) shall have exclusive remedy" for "a determination made by the Director under paragraph (3) shall have remedy" and "the date of the Director's decision on the applicant's request for reconsideration" for "the grant of the patent".
2012 - Subsec. (a)(2). Pub. L. 112-211, § 102(6)(A)(i), substituted "section 120, 121, 365(c), or 386(c)" for "section 120, 121, or 365(c)".
Subsec. (a)(3). Pub. L. 112-211, § 102(6)(A)(ii), substituted "section 119, 365(a), 365(b), 386(a), or 386(b)" for "section 119, 365(a), or 365(b)".
Subsec. (d)(1). Pub. L. 112-211, § 102(6)(B), inserted "or an international design application filed under the treaty defined in section 381(a)(1) designating the United States under Article 5 of such treaty" after "Article 21(2)(a) of such treaty" in introductory provisions.
2011 - Subsec. (a)(2). Pub. L. 112-29, § 20(j), struck out "of this title" after "365(c)".
Subsec. (a)(3). Pub. L. 112-29, § 20(j), struck out "of this title" after "365(b)".
Subsec. (b)(1)(A)(i). Pub. L. 112-29, § 20(j), in introductory provisions, struck out "of this title" after "132" and after "151".
Subsec. (b)(1)(A)(i)(I). Pub. L. 112-29, § 20(j), struck out "of this title" after "111(a)".
Subsec. (b)(1)(A)(i)(II). Pub. L. 112-29, § 20(j), struck out "of this title" after "371".
Subsec. (b)(1)(A)(iii), (B)(ii). Pub. L. 112-29, § 3(j)(1), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".
Subsec. (b)(1)(C). Pub. L. 112-29, § 3(j)(2)(B), amended heading generally. Prior to amendment, heading read as follows: "Guarantee or adjustments for delays due to interferences, secrecy orders, and appeals".
Subsec. (b)(1)(C)(iii). Pub. L. 112-29, § 3(j)(1), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".
Subsec. (b)(4)(A). Pub. L. 112-29, § 9(a), substituted "United States District Court for the Eastern District of Virginia" for "United States District Court for the District of Columbia".
Subsec. (c)(2). Pub. L. 112-29, § 20(j), in introductory provisions,