justicedao/patent-legal-corpus huggingface dataset:
35 U.S.C. § 200 — Policy and objective
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 200 - Policy and objective From the U.S. Government Publishing Office, www.gpo.gov §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.) Editorial Notes Amendments 2000 —Pub. L. 106–404 substituted "enterprise without unduly encumbering future research and discovery;" for "enterprise;". Statutory Notes and Related Subsidiaries Effective Date 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. Short Title 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 — Preference for United States industry
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 204 - Preference for United States industry From the U.S. Government Publishing Office, www.gpo.gov §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.) Statutory Notes and Related Subsidiaries Effective Date 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 — Confidentiality
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 205 - Confidentiality From the U.S. Government Publishing Office, www.gpo.gov §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.) Statutory Notes and Related Subsidiaries Effective Date 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 — Uniform clauses and regulations
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 206 - Uniform clauses and regulations From the U.S. Government Publishing Office, www.gpo.gov §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.) Editorial Notes Amendments 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." Statutory Notes and Related Subsidiaries Effective Date 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 — Regulations governing Federal licensing
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 208 - Regulations governing Federal licensing From the U.S. Government Publishing Office, www.gpo.gov §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.) Editorial Notes Amendments 1984 —Pub. L. 98–620 substituted "Secretary of Commerce" for "Administrator of General Services". Statutory Notes and Related Subsidiaries Effective Date 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 — Relationship to antitrust laws
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 211 - Relationship to antitrust laws From the U.S. Government Publishing Office, www.gpo.gov §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.) Statutory Notes and Related Subsidiaries Effective Date 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. § 212 — Disposition of rights in educational awards
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18 - PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Sec. 212 - Disposition of rights in educational awards From the U.S. Government Publishing Office, www.gpo.gov §212. Disposition of rights in educational awards No scholarship, fellowship, training grant, or other funding agreement made by a Federal agency primarily to an awardee for educational purposes will contain any provision giving the Federal agency any rights to inventions made by the awardee. (Added Pub. L. 98–620, title V, §501(14), Nov. 8, 1984, 98 Stat. 3368.)
35 U.S.C. § 22 — Printing of papers filed
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 2 - PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE Sec. 22 - Printing of papers filed From the U.S. Government Publishing Office, www.gpo.gov §22. Printing of papers filed The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium. (July 19, 1952, ch. 950, 66 Stat. 795; 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), 4804(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §12 (R.S. 488). Language is changed and "or typewritten" is added after "printed". Editorial Notes Amendments 2002 —Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)]. See 1999 Amendment note below. 1999 —Pub. L. 106–113, §1000(a)(9) [title IV, §4804(a)], substituted "printed, typewritten, or on an electronic medium" for "printed or typewritten". Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted "Director" for "Commissioner". 1975 —Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office". Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment Amendment by section 1000(a)(9) [title IV, §4732(a)(10)(A)] of 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. Effective Date of 1975 Amendment 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. § 23 — Testimony in Patent and Trademark Office cases
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 2 - PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE Sec. 23 - Testimony in Patent and Trademark Office cases From the U.S. Government Publishing Office, www.gpo.gov §23. Testimony in Patent and Trademark Office cases The Director 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. (July 19, 1952, ch. 950, 66 Stat. 795; 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.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §53 (R.S. 4905). This section is placed in part 1 since it relates to trade-mark cases in the Patent Office as well as to patent cases. Language is changed. Editorial Notes Amendments 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" in section catchline and text. Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment 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. Effective Date of 1975 Amendment 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. § 24 — Subpoenas, witnesses
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 2 - PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE Sec. 24 - Subpoenas, witnesses From the U.S. Government Publishing Office, www.gpo.gov §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. (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §§54, 55 and 56 (R.S. 4906, amended Feb. 18, 1922, ch. 58, §7, 42 Stat. 389, 391–2; R.S. 4907; R.S. 4908). Three sections of the existing statute are combined with some changes in language and placed in part 1 since they apply to trade-mark cases in the Patent Office as well as to patent cases. Reference to a repealed statute in the first paragraph is replaced by reference to the Federal Rules of Civil Procedure and certain rules are made applicable. Editorial Notes References in Text The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Amendments 1975 —Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office" in two places. Statutory Notes and Related Subsidiaries Effective Date of 1975 Amendment 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. § 25 — Declaration in lieu of oath
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 2 - PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE Sec. 25 - Declaration in lieu of oath From the U.S. Government Publishing Office, www.gpo.gov §25. Declaration in lieu of oath (a) The Director 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 Director 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 Pub. L. 88–292, §1, Mar. 26, 1964, 78 Stat. 171; amended 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.) Editorial Notes Amendments 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" in two places. 1975 —Subsec. (a). Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office". Statutory Notes and Related Subsidiaries Effective Date of 1999 Amendment 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. Effective Date of 1975 Amendment 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. § 253 — Disclaimer
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 25 - AMENDMENT AND CORRECTION OF PATENTS Sec. 253 - Disclaimer From the U.S. Government Publishing Office, www.gpo.gov §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.) Historical and Revision Notes 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. Editorial Notes Amendments 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". Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment 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. Effective Date of 1975 Amendment 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.