justicedao/patent-legal-corpus huggingface dataset:
35 U.S.C. § 254 — Certificate of correction of Patent and Trademark Office mistake
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. 254 - Certificate of correction of Patent and Trademark Office mistake From the U.S. Government Publishing Office, www.gpo.gov §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.) Historical and Revision Notes 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. 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" in two places. 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. § 255 — Certificate of correction of applicant's mistake
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. 255 - Certificate of correction of applicant's mistake From the U.S. Government Publishing Office, www.gpo.gov §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.) Historical and Revision Notes 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). 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". 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. § 26 — Effect of defective execution
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. 26 - Effect of defective execution From the U.S. Government Publishing Office, www.gpo.gov §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 Director despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed. (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 —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". 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. § 262 — Joint owners
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 26 - OWNERSHIP AND ASSIGNMENT Sec. 262 - Joint owners From the U.S. Government Publishing Office, www.gpo.gov §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.) Historical and Revision Notes This section states a condition in existing law not expressed in the existing statutes. Editorial Notes Amendments 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". Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment 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 — Repealed. Pub. L. 89-83, §8, July 24, 1965, 79 Stat. 261
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 27 - GOVERNMENT INTERESTS IN PATENTS Sec. 266 - Repealed. Pub. L. 89-83, §8, July 24, 1965, 79 Stat. 261 From the U.S. Government Publishing Office, www.gpo.gov [§266. Repealed. Pub. L. 89–83, §8, July 24, 1965, 79 Stat. 261] Section, act July 19, 1952, ch. 950, §1, 66 Stat. 811, provided for issuance of patents to government employees without fees. Statutory Notes and Related Subsidiaries Effective Date of Repeal 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 — Time for taking action in Government applications
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 27 - GOVERNMENT INTERESTS IN PATENTS Sec. 267 - Time for taking action in Government applications From the U.S. Government Publishing Office, www.gpo.gov §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.) Historical and Revision Notes 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. Editorial Notes Amendments 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. Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment 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. 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.
35 U.S.C. § 27 — Revival of applications; reinstatement of reexamination proceedings
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. 27 - Revival of applications; reinstatement of reexamination proceedings From the U.S. Government Publishing Office, www.gpo.gov §27. Revival of applications; reinstatement of reexamination proceedings The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant for patent or patent owner. (Added Pub. L. 112–211, title II, §201(b)(1), Dec. 18, 2012, 126 Stat. 1534.) Statutory Notes and Related Subsidiaries Effective Date Pub. L. 112–211, title II, §203, Dec. 18, 2012, 126 Stat. 1536, provided that: "(a) In General .—The amendments made by this title [enacting this section and section 151 of this title, amending sections 41, 111, 119, 120, 122, 133, 171, 261, 361, 364, 365, and 371 of this title, and repealing section 151 of this title]— "(1) shall take effect on the date that is 1 year after the date of the enactment of this Act [Dec. 18, 2012]; and "(2) shall apply to— "(A) any patent issued before, on, or after the effective date set forth in paragraph (1); and "(B) any application for patent that is pending on or filed after the effective date set forth in paragraph (1). "(b) Exceptions.— "(1) Section 201 (a).—The amendments made by section 201(a) [amending section 111 of this title] shall apply only to applications that are filed on or after the effective date set forth in subsection (a)(1). "(2) Patents in litigation .—The amendments made by this title shall have no effect with respect to any patent that is the subject of litigation in an action commenced before the effective date set forth in subsection (a)(1)."
35 U.S.C. § 272 — Temporary presence in the United States
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 28 - INFRINGEMENT OF PATENTS Sec. 272 - Temporary presence in the United States From the U.S. Government Publishing Office, www.gpo.gov §272. Temporary presence in the United States The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft or vehicle and is not offered for sale or sold in or used for the manufacture of anything to be sold in or exported from the United States. (July 19, 1952, ch. 950, 66 Stat. 812; Pub. L. 103–465, title V, §533(b)(4), Dec. 8, 1994, 108 Stat. 4989.) Historical and Revision Notes This section follows the requirement of the International Convention for the Protection of Industrial Property, to which the United States is a party, and also codifies the holding of the Supreme Court that use of a patented invention on board a foreign ship does not infringe a patent. Editorial Notes Amendments 1994 —Pub. L. 103–465 substituted "not offered for sale or sold" for "not sold". Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment 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. § 28 — Award of certificates to accelerate certain matters at the Patent and Trademark Office
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. 28 - Award of certificates to accelerate certain matters at the Patent and Trademark Office From the U.S. Government Publishing Office, www.gpo.gov §28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) Definition .—In this section, the term "eligible entity" means an entity that— (1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and (2) meets the requirements specified by the Director. (b) Establishment .—There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding. (2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal. (4) A matter identified by the Director. (c) Administration .—The Director shall administer the competition established under subsection (b). (d) Application .—An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Promotion of Competition .—The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1. (f) Treatment as Successor .—The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled "Humanitarian Awards Pilot Program", published at 77 Fed. Reg. 6544 (February 8, 2012)). (Added Pub. L. 117–245, §2(a), Dec. 20, 2022, 136 Stat. 2343.) Statutory Notes and Related Subsidiaries Rule of Construction Pub. L. 117–245, §2(b), Dec. 20, 2022, 136 Stat. 2344, provided that: "Nothing in this section [enacting this section], or the amendments made by this section, may be construed as affecting any action taken by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office before the date of enactment of this Act [Dec. 20, 2022] with respect to the administration of the Patents for Humanity Program established in the notice entitled 'Humanitarian Awards Pilot Program', published at 77 Fed. Reg. 6544 (February 8, 2012)."
35 U.S.C. § 281 — Remedy for infringement of patent
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 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 281 - Remedy for infringement of patent From the U.S. Government Publishing Office, www.gpo.gov §281. Remedy for infringement of patent A patentee shall have remedy by civil action for infringement of his patent. (July 19, 1952, ch. 950, 66 Stat. 812.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §§67 and 70, part (R.S. 4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, §6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, §8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, §1, 60 Stat. 778). The corresponding two sections of existing law are divided among sections 281, 283, 284, 285, 286 and 289 with some changes in language. Section 281 serves as an introduction or preamble to the following sections, the modern term civil action is used, there would be, of course, a right to a jury trial when no injunction is sought.
35 U.S.C. § 283 — Injunction
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 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 283 - Injunction From the U.S. Government Publishing Office, www.gpo.gov §283. Injunction The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable. (July 19, 1952, ch. 950, 66 Stat. 812.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §70, part (R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, §6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, §8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, §1, 60 Stat. 778). This section is the same as the provision which opens R.S. 4921 with minor changes in language.
35 U.S.C. § 284 — Damages
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 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 284 - Damages From the U.S. Government Publishing Office, www.gpo.gov §284. Damages Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court. When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. Increased damages under this paragraph shall not apply to provisional rights under section 154(d). The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances. (July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4507(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §§67 and 70, part (R.S. 4919; R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, §6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, §8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, §1, 60 Stat. 778). This section consolidates the provisions relating to damages in R.S. 4919 and 4921, with some changes in language. Editorial Notes Amendments 2011 —Second par. Pub. L. 112–29 struck out "of this title" after "154(d)". 1999 —Second par. Pub. L. 106–113 inserted at end "Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title." 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 1999 Amendment 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.
35 U.S.C. § 285 — Attorney fees
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 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 285 - Attorney fees From the U.S. Government Publishing Office, www.gpo.gov §285. Attorney fees The court in exceptional cases may award reasonable attorney fees to the prevailing party. (July 19, 1952, ch. 950, 66 Stat. 813.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §70, part (R.S. 4921, amended (1) Mar. 3, 1897, ch. 391, §6, 29 Stat. 694, (2) Feb. 18, 1922, ch. 58, §8, 42 Stat. 392, (3) Aug. 1, 1946, ch. 726, §1, 60 Stat. 778). This section is substantially the same as the corresponding provision in R.S. 4921; "in exceptional cases" has been added as expressing the intention of the present statute as shown by its legislative history and as interpreted by the courts.