An Act to revise and codify the laws relating to patents and the Patent Office, and to enact into law title 35 of the United States Code entitled "Patents"
PL 82-593 (H.R.7794), enacted 07/19/1952

792 
PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
Public Law 593 
^'^ 
?; 
CHAPTER 950 
July 19, 1952 
^"^ ACT 
[H.R. 7794] 
rjiQ revise and codify the laws relating to patents and the Patent Office, and to 
enact into law title 35 of the United States Code entitled "Patents". 
Be it enacted hy the Senate and House of Represenfatives 
of the 
code!^* ^^' "•^' United States of Atnerica in Congress assemhledy That title 35 of the 
eifacf mlnt"imo United Statcs Code, entitled "Patents", is revised, codified, and enacted 
law. 
^ ° into law, and may be cited, "Title 35, United States Code, section—", 
as follows: 
TITLE 35—PATENTS 
PAET 
Sec. 
I. PATENT OFFICE 
1 
II. PATENTABILITY OP INVENTIONS AND GRANT OF PATENTS 
100 
, „ . 
III. PATENTS AND PROTECTION OF PATENT RIGHTS 
251 
PART I—PATENT OFFICE 
' 
I , . 
CHAPTBB 
Sec. 
1. ESTABLISHMENT, OFFICERS, FUNCTIONS 
1 
2. PROCEEDINGS IN THE PATENT OFFICE 
21 
3. PRACTICE BEFORE THE PATENT OFFICE 
31 
4. PATENT FEES 
41 
CHAPTER 1—ESTABLISHMENT, OFFICERS, FUNCTIONS 
Sec. 
1. Establishment. 
2 . 
S e a l . 
^ " • • " ' • • 
'•'•" 
•''"•'' 
• • 
3. Officers and employees. 
4. Restrictions on officers and employees as to interest in patents. 
5. Bond of Commissioner and other officers. 
6. Duties of Commissioner. 
7. Board of Appeals. 
8. Library. 
•- , 
' 
.dijt-i ::«n 1 
9. Classification of patents. 
,. • 
10. Certified copies of records. 
11. Publications. 
12. Exchange of copies of patents with foreign countries. 
13. Copies of patents for public libraries. 
14. Annual report to Congress. 
§ 1. 
Establishment 
The Patent Office shall continue as an office in the Department of 
Commerce, where records, books, drawings, specifications, and other 
papers and things pertaining to patents and to trade-mark registra-
tions shall be kept and preserved, except as otherwise provided by law. 
§ 2. 
Seal 
The Patent Office shall have a seal with which lettere patent, cer-
tificates of trade-mark registrations, and papers issued from the Office 
shall be authenticated. 
§ 3 . 
Officers and employees 
A Commissioner of Patents, one first assistant commissioner, two 
assistant commissioners, and nine examiners-in-chief, 
shall 
be 
appointed by the President, by and with the advice and consent of 
the Senate. The assistant commissioners shall perform the duties 
pertaining to the office of commissioner assigned to them by the Com-
missioner. 
The first assistant commissioner, or, in the event of a 
vacancy in that office, the assistant commissioner senior in date of 
appointment, shall fill the office of Commissioner during a vacancy in 
that office until a Commissioner is appointed and takes office. 
The 
66 S T A T . ] 
PUBLIC I^AW 5 9 3 - J U L Y 19, 1952 
793 
Secretary of Commerce, upon the nomination of the Commissioner in 
accordance with law, shall appoint all other officers and employees. 
The Secretary of Commerce may vest in himself the functions of the 
Patent Office and its officers and employees specified in this title and 
may from time to time authorize their performance by any other 
officer or employee. 
§ 4. Restrictions on officers and employees as to interest in 
patents 
Officers and employees of the Patent Office shall be incapable, 
during the period of their appointments and for one year thereafter, 
of applying for a patent and of acquiring, directly or indirectly, except 
by inheritance or bequest, any patent or any right or interest in any 
patent, issued or to be issued by the Office. In patents applied for 
thereafter they shall not be entitled to any priority date earlier than 
one year after the termination of their appointment. 
§ 5. Bond of Commissioner and other officers 
The Commissioner and such other officers as he designates, before 
entering upon their duties, shall severally give bond, with sureties, 
the former in the sum of $10,000, and the latter in sums prescribed 
by the Commissioner, conditioned for the faithful discharge of their 
respective duties and that they shall render to the proper officers of 
the Treasury a true account of all money received by virtue of their 
offices. 
§ 6. Duties of Commissioner 
The Commissioner, under the direction of the Secretary of Com-
merce, shall superintend or perform all duties required by law respect-
ing the granting and issuing of patents and the registration of trade-
marks ; and he shall have charge of property belonging to the Patent 
Office. He may, subject to the approval of the Secretary of Commerce, 
establish regulations, not inconsistent with law, for the conduct of 
proceedings in the Patent Office. 
§ 7. Board of Appeals 
The examiners-in-chief shall be persons of competent legal knowl-
edge and scientific ability. The Commissioner, the assistant com-
missioners, and the examiners-in-chief shall constitute a Board of 
Appeals, which, on written appeal of the applicant, shall review ad-
verse decisions of examiners upon applications for patents. Each 
appeal shall be heard by at least three members of the Board of 
Appeals^ the members hearing such appeal to be designated by the 
Commissioner. The Board of Appeals has sole power to grant rehear-
ings. 
Whenever the Commissioner considers it necessary to maintain 
the work of the Board of Appeals current, he may designate any patent 
examiner of the primary examiner grade or higher, having the requi-
site ability, to serve as examiner-in-chief for periods not exceeding 
six months each. An examiner so designated shall be qualified to act 
as a member of the Board of Appeals. Not more than one such 
primary examiner shall be a member of the Board of Appeals hearing 
an appeal. 
§ 8. Library 
The Commissioner shall maintain a library of scientific and other 
works and periodicals, both foreign and domestic, in the Patent Office 
to aid the officers in the discharge of their duties. 
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PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
§ 9. Classification of patents 
The Commissioner may revise and maintain the classification by 
subject matter of United States letters patent, and such other patents 
and printed publications as may be necessary or practicable, for the 
purpose of determining with readiness and accuracy the novelty of 
inventions for which applications for patent are filed. 
§ 10. Certified copies of records 
The Commissioner may furnish certified copies of specifications and 
drawing of patents issued by the Patent Office, and of other records 
available either to the public or to the person applying therefor. 
§ 11. Publications 
(a) The Commissioner may print, or cause to be printed, the follow-
1. Patents, including specifications and drawings, together with 
copies of the same. The Patent Office may print the headings of the 
drawings for patents for the purpose of photolithography. 
2. Certificates of trade-mark registrations, including statements 
and drawings, together with copies of the same. 
3. The Official Gazette of the United States Patent Office. 
4. Annual indexes of patents and patentees, and of trade-marks 
and registrants. 
5. Annual volumes of decisions in patent and trade-mark cases. 
6. Pamphlet copies of the patent laws and rules of practice, laws 
and rules relating to trade-marks, and circulars or other publications 
relating to the business of the Office. 
(b) The Commissioner may exchange any of the publications 
specified in items 3, 4, 5, and 6 of subsection (a) of this section for 
publications desirable for the use of the Patent Office. 
§ 12, Exchange of copies of patents with foreign countries 
The Commissioner may exchange copies of syiecifications and draw-
ings of United States patents for those of foreign countries. 
§ 13. Copies of patents for public libraries 
The Commissioner may supply printed copies of specifications and 
drawings of patents to public libraries in the United States which 
shall maintain such copies for the use of the public, at the rate for 
each year's issue established for this purpose in section 41 (a) 9 of 
this title. 
§ 14. Annual report to Congress 
The Commissioner shall report to Congress annually the moneys 
received and expended, statistics concerning the work of the Office, 
and other information relating to the Office as may be useful to the 
Congress or the public. 
CHAPTER 
2—PROCEEDINGS 
IN 
THE 
PATENT 
OFFICE 
Sec. 
21. Day for taking action falling on Saturday, Sunday, or holiday. 
22. Printing of papers filed. 
23. Testimony in Patent Office cases. 
24. Subpoenas, witnesses. 
§ 21. Day for taking action falling on Saturday, Sunday, or 
holiday 
When the day, or the last day, for taking any action or paying any 
fee in the United States Patent Office falls on Saturday, Sunday, 
or a holiday within the District of Columbia, the action may be 
taken, or the fee paid, on the next succeeding secular or business day. 
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PUBLIC LAW 
5 9 3 - J U L Y 19, 1952 
795 
§ 22. Printing of papers filed 
The Commissioner may require papers filed in the Patent OflBce to 
be printed or typewritten. 
§ 23. Testimony in Patent Office cases 
The Commissioner may establish rules for taking affidavits and 
depositions required in cases in the Patent Office. Any officer author-
ized 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. 
§ 24. Subpoenas, witnesses 
The clerk of any United States court for the district wherein testi-
mony is to be taken for use in any contested case in the Patent Oilice, 
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 docu-
ments and things shall apply to contested cases in the Patent 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. 
CHAPTER 
3—PRACTICE 
BEFORE 
PATENT 
OFFICE 
Sec. 
31. Regulations for agents and attorneys. 
32 Suspension or exclusion from practice. 
33. Unauthorized representation as practitioner. 
§ 31. Regulations for agents and attorneys 
The Commissioner, subject to the approval of the Secretary of Com-
merce, may prescribe regulations governing the recognition and con-
duct of agents, attorneys, or other persons representing applicants or 
other parties before the Patent Office, and may require them, before 
being recognized as representatives of applicants or other persons, 
to show that they are of good moral character and reputation and are 
possessed of the necessary qualifications to render to applicants or 
other persons valuable service, advice, and assistance in the presenta-
tion or prosecution of their applications or other business before the 
Office. 
§ 32. Suspension or exclusion from practice 
The Commissioner may, after notice and opportunity for a hearing, 
suspend or exclude, either generally or in any particular case, from 
further practice before the Patent Office, any person, agent, or attorney 
shown to be incompetent or disreputable, or guilty of gross misconduct, 
or wlio does not comply with the regulations established under section 
31 of this title, or who shall, by word, circular, letter, or advertising, 
with intent to defraud in any manner, deceive, mislead, or threaten 
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PUBLIC I^AW 593-JULY 19, 1952 
[66 S T A T . 
any applicant or prospective applicant, or other person having 
immediate or prospective business before the Office. 
The reasons 
for any such suspension or exclusion shall be duly recorded. 
The United States District Court for the District of Columbia, under 
such conditions and upon such proceedings as it by its rules determines, 
may review the action of the Commissioner upon the petition of the 
person so refused recognition or so suspended or excluded. 
§ 33. Unauthorized representation as practitioner 
Whoever, not being recognized to practice before the Patent Office, 
holds himself out or permits himself to be held out as so recognized, 
or as being qualified to prepare or prosecute applications for patent, 
shall be fined not more than $1,000 for each offense. 
CHAPTER 4—PATENT F E E S 
Sec. 
41. Patent fees. 
42. Payment of patent fees; return of excess amounts. 
§ 41. Patent fees 
( a) The Commissioner shall charge the following fees: 
1. On filing each application for an original patent, except in 
design cases, {(530, and $1 for each claim in excess of twenty. 
2. On issuing each original patent, except in design cases, $30, 
and $1 for each claim in excess of twenty. 
3. In design cases: For three years and six months, $10; for seven 
years, $15; for fourteen years, $30. 
4. On every application for the reissue of a patent, $30 and $1 for 
each claim in excess of twenty over and above the number of claims 
of the original patent. 
5. On tiling each disclaimer, $10. 
6. On an appeal for the first time from the examiner to the Board 
of Appeals, $25. 
7. On filing each petition for the revival of an abandoned applica-
tion for a patent or for the delayed payment of the fee for issuing each 
patent, $10. 
8. For certificate of correction of applicant's mistake under sec-
tion 255 of this title, $10. 
9. For uncertified printed copies of specifications and drawings 
of patents (except design patents), 25 cents per copy; for design 
patents, 10 cents per copy; special rate for libraries specified in sec-
tion 13 of this title, $50 for patents issued in one year. 
10. For recording every assignment, agreement, or other paper not 
exceeding six pages, $3; for each additional two pages or less, $1; 
for each additional patent or application included in one writing, 
where more than one is so included, 50 cents additional. 
11. For each certificate, $1. 
(b) The Commissioner may establish charges for copies of records, 
publications, or services furnished by the Patent Office, not specified 
above. 
§ 42. Payment of patent fees; return of excess amounts 
All patent fees shall be paid to the Commissioner who shall deposit 
the same in the Treasury of the United States in such manner as the 
Secretary of the Treasury directs, and the Commissioner may refund 
any sum paid by mistake or in excess of the fee required by law. 
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P U B L I C LAW 5 9 3 - J U L Y 19, 1952 
797 
PART 
II—PATENTABILITY 
OF 
INVENTIONS 
AND 
GRANT 
OF 
PATENTS 
CHAPTER 
Sec. 
10. PATENTABILITY OF INVENTIONS 
100 
11. APPLICATION FOB PATENT 
111 
12. EXAMINATION OF APPLICATIONS 
131 
13. REVIEW OF PATENT OFFICE DECISIONS 
141 
14. ISSUE OF PATENT 
151 
15. PLANT PATENTS 
161 
16. DESIGNS 
171 
17. 
SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS AHKOAU 
ISl 
CHAPTER 10—PATENTABILITY OF INVENTIONS 
Sec. 
100. Definitions. 
101. Inventions patentable. 
102. Conditions for patentability; novelty and loss of right to pnteiit. 
103. Conditions for patentability; non-obvious subject inattei-. 
> 
104. Invention made abroad. 
§ 100. 
Definitions 
When used in this title unless the context otherwise indicates— 
-
(a) The term "invention" means invention or discovery. 
(b) The term "process" means process, art or method, and includes 
a new use of a known process, machine, manufacture, composition of 
matter, or material. 
(c) The terms "United States" and "this country" mean the United 
States of America, its territories and possessions. 
(d) The word "patentee" includes not only the patentee to whom 
the patent was issued but also the successors in title to the patentee. 
§ 101. Inventions patentable 
Whoever invents or discovers any new and useful process, machine, 
manufacture, or composition of matter, or any new and useful improve-
Qient thereof, may obtain a patent therefor, subject to the conditions 
and requirements of this title. 
§ 102. Conditions for patentability; novelty and loss of right 
to patent 
A person shall be entitled to a patent unless— 
(a) the invention was known or used by others in this country, or 
patented or described in a printed publication in this or a foreign 
country, before the invention thereof by the applicant for patent, or 
(b) the invention was patented or described in a printed publication 
in this or a foreign country or in public use or on sale in this country, 
more than one year prior to the date of the application for patent in 
the United States, or 
(c) he has abandoned the invention, or 
(d) the invention was first patented or caused to be patented by the 
applicant or his legal representatives or assigns in a foreign country 
prior to the date of the application for patent in this country on an 
application filed more than twelve months before the filing of the 
application in the United States, or 
(e) the invention was described in a patent granted on an applica-
tion for patent by another filed in the United States before the inven-
tion thereof by the applicant for patent, or 
(f) he did not himself invent the subject matter sought to be 
patented, or 
(g) before the applicant's invention thereof the invention was made 
in this country by another who had not abandoned, suppressed, or 
concealed it. 
In determining priority of invention there shall be con-
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PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
sidered not only the respective dates of conception and reduction to 
practice of the invention, but also the reasonable diligence of one who 
was first to conceive and last to reduce to practice, from a time prior to 
conception by the other. 
§ 103. Conditions for patentability; non-obvious subject matter 
A patent may not be obtained though the invention is not identi-
cally disclosed or described as set forth in section 102 of this title, 
if the differences between the subject matter sought to be patented 
and the prior art are such that the subject matter as a whole would 
have been obvious at the time the invention was made to a person 
having ordinary skill in the art to which said subject matter pertains. 
Patentability shall not be negatived by the manner in which the inven-
tion was made. 
§ 104. Invention made abroad 
In proceedings in the Patent Office and in the courts, an applicant 
for a patent, or a patentee, may not establish a date of invention by 
reference to knowledge or use thereof, or other activity with respect 
thereto, in a foreign country, except as provided in section 119 of this 
title. Where an mvention was made by a person, civil or military, 
while domiciled in the United States and serving in a foreign country 
in connection with operations by or on behalf of the United States, 
he shall be entitled to the same rights of priority with respect to such 
invention as if the same had been made in the United States. 
CHAPTER 11—APPLICATION FOR PATENT 
Sec. 
111. Application for patent. 
112. Specification. 
113. Drawings. 
114. Models, specimens. 
115. Oath of applicant. 
116. Joint inventors. 
117. Death or incapacity of inventor. 
118. Filing by other than inventor. 
119. Benefit of earlier filing date in foreign country; right of priority. 
120. Benefit of earlier filing date in the United States. 
121. Divisional applications. 
122. Confidential status of applications. 
§ 111. Application for patent 
Application for patent shall be made by the inventor, except as 
otherwise provided in this title, in writing to the Commissioner. Such 
application shall include: (1) a specification as prescribed by section 
112 of this title; (2) a drawing as prescribed by section 113 of this 
title; and (3) an oath by the applicant as prescribed by section 115 
of this title. The application must be signed by the applicant and 
accompanied by the fee required by law. 
§ 112. Specification 
The specification shall contain a written description of the inven-
tion, and of the manner and process of making and using it, in such 
full, clear, concise, and exact terms as to enable any person skilled in 
the art to which it pertains, or with which it is most nearly con-
nected, to make and use the same, and shall set forth the best mode 
contemplated by the inventor of carrying out his invention. 
The specification shall conclude with one or more claims particularly 
pointing out and distinctly claiming the subject matter which the 
applicant regards as his invention. 
An element in a claim for a combination may be expressed as a means 
or step for performing a specified function without the recital of 
structure, material, or acts in support thereof, and such claim shall 
66 S T A T . ] 
PUBLIC I^AW 5 9 3 - J U L Y 19, 1952 
799 
be construed to cover the corresponding structure, material, or acts 
described in the specification and equivalents thereof. 
§ 113. 
Drawings 
When the nature of the case admits, the applicant shall furnish 
a drawing. 
§ 114. Models, specimens 
The Commissioner may require the applicant to furnish a model of 
convenient size to exhibit advantageously the several parts of his 
invention. 
When the invention relates to a composition of matter, the 
Commissioner may require the applicant to furnish specimens or 
ingredients for the purpose of inspection or experiment. 
§ 115. Oath of applicant 
The applicant shall make oath that he believes himself to be the 
original and first inventor of the process, machine, manufacture, or 
composition of matter, or improvement thereof, for which he solicits a 
patent; and shall state of what country he is a citizen. Such oath may 
be made before any person within the United States authorized 
by law to administer oaths, or, when made in a foreign coun-
try, before any diplomatic or consular officer of the United States 
authorized to administer oaths, or before any officer having an official 
seal and authorized to administer oaths in the foreign country in 
which the applicant may be, whose authority shall be proved by certifi-
cate of a diplomatic or consular officer of the United States, and such 
oath shall be valid if it complies with the laws of the state or country 
where made. When the application is made as provided in this title 
by a person other than the inventor, the oath may be so varied in form 
that it can be made by him. 
§ 116. Joint inventors 
When an invention is made by two or more persons jointly, they 
shall apply for patent jointly and each sign the application and make 
the required oath, except as otherwise provided in this title. 
If a joint inventor refuses to join in an application for patent or 
cannot be found or reached after diligent effort, the application may 
be made by the other inventor on behalf of himself and the omitted 
inventor. The Commissioner, on proof of the pertinent facts and after 
such notice to the omitted inventor as he prescribes, may grant a 
patent to the inventor making the application, subject to the same 
rights which the omitted inventor would have had if he had been 
joined. The omitted inventor may subsequently join in the application. 
Whenever a person is joined in an application for patent as joint 
inventor through error, or a joint inventor is not included in an appli-
cation through error, and such error arose without any deceptive 
intention on his part, the Commissioner may permit the application 
to be amended accordingly, under such terms as he prescribes. 
§ 117. Death or incapacity of inventor 
Legal representatives of deceased inventors and of those under legal 
incapacity may make application for patent upon compliance with 
the requirements and on the same terms and conditions applicable 
to the inventor. 
§ 118. Filing by other than inventor 
Whenever an inventor refuses to execute an application for patent, 
or cannot be found or reached after diligent effort, a person to whom 
the inventor has assigned or agreed in writing to assign the invention 
or who otherwise shows sufficient proprietary interest in the matter 
justifying such action, may make application for patent on behalf of 
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PUBLIC LAW 593-JULY 19, 1952 
[66 STAT. 
and as agent for the inventor on proof of the pertinent facts and a 
showing that such action is necessary to preserve the rights of the 
parties or to prevent irreparable damage; and the Commissioner may 
grant a patent to such inventor upon such notice to him as the Com-
missioner deems sufficient, and on compliance with such regulations 
as he prescribes. 
§ 119. Benefit of earlier filing date in foreign country; right of 
priority 
An application for patent for an invention filed in this country by 
any person who has, or whose legal representatives or assigns have, 
previously regularly filed an application for a patent for the same 
invention in a foreign country which affords similar privileges in the 
case of applications filed in the United States or to citizens of the 
United States, shall have the same effect as the same application 
would have if filed in this country on the date on which the applica-
tion for patent for the same invention was first filed in such foreign 
country, if the application in this country is filed within twelve months 
from the earliest date on which such foreign application was filed; 
but no patent shall be granted on any application for patent for an 
invention which had been patented or described in a printed publi-
cation in any country more than one year before the date of the 
actual filing of the application in this country, or which had been 
in public use or on sale in this country more than one year prior to 
such filing. 
No application for patent shall be entitled to this right of priority 
unless a claim therefor and a certified copy of the original foreign 
application, specification and drawings upon which it is based are filed 
in the Patent Office before the patent is granted, or at such time during 
the pendency of the application as required by the Commissioner not 
earlier than six months after the filing of the application in this coun-
try. Such certification shall be made by the patent office of the foreign 
country in which filed and show the date of the application and of the 
filing of the specification and other papers. The Commissioner may 
require a translation of the papers filed if not in the English language 
and such other information as he deems necessary. 
§ 120. Benefit of earlier filing date in the United States 
An application for patent for an invention disclosed in the manner 
provided by the first paragraph of section 112 of this title in an applica-
tion previously filed in the United States by the same inventor shall 
have the same effect, as to such invention, as though filed on the date 
of the prior application, if filed before the patenting or abandonment 
of or termination of proceedings on the first application or on an 
application similarly entitled to the benefit of the filing date of the 
first application and if it contains or is amended to contain a specific 
reference to the earlier filed application. 
§ 121. Divisional applications 
If two or more independent and distinct inventions are claimed in 
one application, the Commissioner may require the application to be 
restricted to one of the inventions. If the other invention is made the 
subject of a divisional application which complies with the require-
ments of section 120 of this title it shall be entitled to the benefit of the 
filing date of the original application. 
A patent issuing on an applica-
tion with respect to which a requirement for restriction under this 
section has been made, or on an application filed as a result of such a 
requirement, shall not be used as a reference either in the Patent Office 
or in the courts against a divisional application or against the original 
application or any patent issued on either of them, if the divisional 
66 S T A T . ] 
PUBLIC LAW 593-JULY 19, 1952 
801 
application is filed before the issuance of the patent on the other appli-
cation. If a divisional application is directed solely to subject matter 
described and claimed in the original application as filed, the Com-
missioner may dispense with signing and execution by the inventor. 
The validity of a patent shall not be questioned for failure of the 
Commissioner to require the application to be restricted to one 
invention. 
§ 122. Confidential status of applications 
Applications for patents shall be kept in confidence by the Patent 
Office and no information concerning the same given without author-
ity of the applicant or owner unless necessary to carry out the pro-
visions of any Act of Congress or in such special circumstances as 
may be determined by the Commissioner. 
CHAPTER 12—EXAMINATION OF APPLICATION 
Sec. 
131. Examination of application. 
132. Notice of rejection; reexamination. 
133. Time for prosecuting application. 
134. Appeal to the Board of Appeals. 
135. Interferences. 
' 
§ 131. Examination of application 
The Commissioner shall cause an examination to be made of the 
application and the alleged new invention; and if on such examination 
it appears that the applicant is entitled to a patent under the law, the 
Commissioner shall issue a patent therefor. 
§ 132. Notice of rejection; reexamination 
Whenever, on examination, any claim for a patent is rejected, or 
any objection or requirement made, the Commissioner shall notify 
the applicant thereof, stating the reasons for such rejection, or objec-
tion or requirement, together with such information and references 
as may be useful in judging of the propriety of continuing the prosecu-
tion of his application; and if after receiving such notice, the appli-
cant persists in his claim for a patent, with or without amendment, 
the application shall be reexamined. No amendment shalj introduce 
new matter into the disclosure of the invention. 
§ 133. Time for prosecuting application 
Upon failure of the applicant to prosecute the application within 
six months after any action therein, of which notice has been given or 
mailed to the applicant, or within such shorter time, not less than 
thirty days, as fixed by the Commissioner in such action, the appli-
cation shall be regarded as abandoned by the jjarties thereto, unless 
it be shown to the satisfaction of the Commissioner that such delay 
was unavoidable. 
§ 134. Appeal to the Board of Appeals 
An applicant for a patent, any of whose claims has been twice 
rejected, may appeal from the decision of the primary examiner to 
the Board of Appeals, having once paid the fee for such appeal. 
§ 135. Interferences 
Whenever an application is made for a patent which, in the opinion 
of the Commissioner, would interfere with any pending application, 
or with any unexpired patent, he shall give notice thereof to the 
applicants, or applicant and patentee, as the case may be. The 
question of priority of invention shall be determined by a board of 
patent interferences (consisting of three examiners of interferences) 
whose decision, if adverse to the claim of an applicant, shall constitute 
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PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
the final refusal by the Patent Office of the claims involved, and the 
Commissioner may issue a patent to the applicant who is adjudged 
the prior inventor. A final judgment adverse to a patentee from which 
no appeal or other review has been or can be taken or had shall con-
stitute cancellation of the claims involved from the patent, and notice 
thereof shall be endorsed on copies of the patent thereafter distributed 
by the Patent Office. 
A claim which is the same as, or for the same or substantially the 
same subject matter as, a claim of an issued patent may not be made in 
any application unless such a claim is made prior to one year from the 
date on which the patent was granted. 
CHAPTER IS—REVIEW OF PATENT OFFICE 
DECISION 
S«c. 
141. Appeal to Court of Customs and Patent Appeals. 
142. Notice of appeal. 
143. Proceedings on appeal. 
144. Decision on appeal. 
145. Civil action to obtain patent. 
146. Civil action in case of interference. 
§ 141. Appeal to Court of Customs and Patent Appeals 
An applicant dissatisfied with the decision of the Board of Appeals 
may appeal to the United States Court of Customs and Patent 
Appeals, thereby waiving his right to proceed under section 145 
of this title. A party to an interference dissatisfied with the decision 
of the board of patent interferences on the question of priority may 
appeal to the United States Court of Customs and Patent Appeals, 
but such appeal shall be dismissed if any adverse party to such 
interference, within twenty days after the appellant has filed 
notice of appeal according to section 142 of this title, files notice 
with the Commissioner that he elects to have all further proceedings 
conducted as provided in section 146 of this title. Thereupon the 
appellant shall have thirty days thereafter within which to file a 
civil action under section 146, in default of which the decision 
appealed from shall govern the further proceedings in the case. 
§ 142. Notice of appeal 
When an appeal is taken to the United States Court of Customs 
and Patent Appeals, the appellant shall give notice thereof to the 
Commissioner, and shall file in the Patent Office his reasons of appeal, 
specifically set forth in writing, within such time after the date of the 
decision appealed from, not less than sixty days, as the Commissioner 
appoints. 
§ 143. Proceedings on appeal 
The United States Court of Customs and Patent Appeals shall, 
before hearing such appeal, give notice of the time and place of the 
hearing to the Commissioner and the parties thereto. The Commis-
sioner shall transmit to the court certified copies of all the necessary 
original papers and evidence in the case specified by the appellant 
and any additional papers and evidence specified by the appellee and 
in an ex parte case the Commissioner shall furnish the court with the 
grounds of the decision of the Patent Office, in writing, touching all 
the points involved by the reasons of appeal. 
§ 144. Decision on appeal 
The United States Court of Customs and Patent Appeals, on peti-
tion, shall hear and determine such appeal on the evidence produced 
before the Patent Office, and the decision shall be confined to tne points 
set forth in the reasons of appeal. Upon its determination the court 
66 S T A T . ] 
PUBLIC LAW 
5 9 3 - J U L Y 19, 1952 
803 
shall return to the Commissioner a certificate of its proceedings and 
decision, which shall be entered of record in the Patent Office and 
govern the further proceedings in the case. 
§ 145. Civil action to obtain patent 
An applicant dissatisfied with the decision of the Board of Appeals 
may unless appeal has been taken to the United States Court of 
Customs and Patent Appeals, have remedy by civil action against the 
Commissioner m the United States District Court for the District of 
Columbia if commenced within such time after such decision, not 
less than sixty days, as the Commissioner appoints. 
The court may 
adjudge that such applicant is entitled to receive a patent for his 
invention, as specified in any of his claims involved in the decision 
of the Board of Appeals, as the facts in the case may appear and such 
adjudication shall authorize the Commissioner to issue such patent on 
compliance with the requirements of law. All the expenses of the 
proceedings shall be paid by the applicant. 
§ 146. Civil action in case of interference 
Any party to an interference dissatisfied with the decision of the 
board of patent interferences on the question of priority, may have 
remedy by civil action, if commenced within such time after such 
decision, not less than sixty days, as the Commissioner appoints or as 
provided in section 141 of this title, unless he has appealed to the 
United States Court of Customs and Patent Appeals, and such appeal 
is pending or has been decided. 
In such suits the record in the Patent 
Office shall be admitted on motion of either party upon the terms and 
conditions as to costs, expenses, and the further cross-examination of 
the witnesses as the court imposes, without prejudice to the right of 
the parties to take further testimony. 
The testimony and exhibits of 
the record in the Patent Office when admitted shall have the same 
effect as if originally taken and produced in the suit. 
Such suit may be instituted against the party in interest as shown 
by the records of the Patent Office at the time of the decision com-
plained of, but any party in interest may become a party to the action. 
If there be adverse parties residing in a plurality of districts not 
embraced within the same state, or an adverse party residing in a 
foreign country, the United States District Court for the District of 
Columbia shall have jurisdiction and may issue summons against the 
adverse parties directed to the marshal of any district in which any 
adverse party resides. 
Summons against adverse parties residing 
in foreign countries may be served by publication or otherwise as the 
court directs. The Commissioner shall not be a necessary party but 
he shall be notified of the filing of the suit by the clerk of the court 
in which it is filed and shall have the right to intervene. 
Judgment 
of the court in favor of the right of an applicant to a patent shall 
authorize the Commissioner to issue such patent on the filing in the 
Patent Office of a certified copy of the judgment and on compliance 
with the requirements of law. 
CHAPTER 14—ISSUE OF PATENT 
Sec. 
151. Time of issue of patent. 
152. Issue of patent to assignee. 
153. How issued. 
, 
154. Contents and term of patent. 
§ 151. Time of issue of patent 
The patent shall issue within three months from the date of the 
payment of the final fee, which shall be paid not later than six months 
after written iiotice to the applicant of allowance of the application, 
93300 O - 53 - 54 
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PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
but the Commissioner may accept the final fee if paid within one year 
after the six month period for payment, and the patent shall issue. 
§ 152. Issue of patent to assignee 
Patents may be granted to the assignee of the inventor of record 
in the Patent Office, upon the application made and the specification 
sworn to by the inventor, except as otherwise provided in this title. 
§ 153. How issued 
Patents shall be issued in the name of the United States of America, 
under the seal of the Patent Office, and shall be signed by the Com-
missioner or have his signature placed thereon and attested by an 
officer of the Patent Office designated by the Commissioner, and shall 
be recorded in the Patent Office. 
§154. Contents and term of patent 
Every patent shall contain a short title of the invention and a grant 
to the patentee, his heirs or assigns, for the term of seventeen years, of 
the right to exclude others from making, using, or selling the inven-
tion throughout the United States, referring to the specification for 
the particulars thereof. A copy of the specification and drawings 
shall be annexed to the patent and be a part thereof. 
CHAPTER 15—PLANT PATENTS 
Sec. 
161. Patents for plants. 
162. Description, claim. 
163. Grant. 
164. Assistance of Department of Agriculture. 
§ 161. Patents for plants 
Whoever invents or discovers and asexually reproduces any distinct 
and new variety of plant, other than a tuberpropagated plant, may 
obtain a patent therefor, subject to the conditions and requirements of 
this title. 
The provisions of this title relating to patents for inventions shall 
apply to patents for plants, except as otherwise provided. 
§ 162. Description, claim 
No plant patent shall be declared invalid for noncompliance with 
section 112 of this title if the description is as complete as is reasonably 
possible. 
The claim in the specification shall be in formal terms to the plant 
shown and described. 
§ 163. Grant 
In the case of a plant patent the grant shall be of the right to exclude 
others from asexually reproducing the plant or selling or using the 
plant so reproduced. 
§ 164. Assistance of Department of Agriculture. 
The President may by Executive order direct the Secretary of 
Agriculture, in accordance with the requests of the Commissioner, for 
the purpose of carrying into effect the provisions of this title with 
respect to plants (1) to furnish available information of the Depart-
ment of Agriculture, (2) to conduct through the appropriate bureau 
or division of the Department research upon special problems, or 
(3) to detail to the Commissioner officers and employees of the 
Department. 
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PUBLIC LAW 593-JULY 19, 1952 
805 
CHAPTER 16—DESIGNS 
Sec. 
171. Patents for designs. 
172. Right of priority. 
173. Term of design patent. 
§ 171. Patents for designs 
Whoever invents any new, original and ornamental design for an 
article of manufacture may obtain a patent therefor, subject to the 
conditions and requirements of this title. 
The provisions of this title relating to patents for inventions shall 
apply to patents for designs, except as otherwise provided. 
§ 172. Right of priority 
The right of priority provided for by section 119 of this title and the 
time specified in section 102 (d) shall be six months in the case of 
designs. 
§ 173. Term of design patent 
Patents for designs may be granted for the term of three years and 
six months, or for seven years, or for fourteen years, as the applicant, 
in his application, elects. 
CHAPTER 17—SECRECY OF CERTAIN INVENTIONS AND 
FILING APPLICATIONS IN FOREIGN COUNTRY 
Sec. 
181. Secrecy of certain inventions and withholding of patent. 
182. Abandonment of invention for unauthorized disclosure. 
183. Right of compensation. 
184. Filing of application in foreign country. 
185. Patent barred for filing without license. 
186. Penalty. 
187. Nonapplicability to certain persons. 
188. Rules and regulations, delegation of power. 
§ 181. Secrecy of certain inventions and withholding of patent 
Whenever publication or disclosure by the grant of a patent on an 
invention in which the Government has a property interest might, 
in the opinion of the head of the interested Government agency, be 
detrimental to the national security, the Commissioner upon being so 
notified shall order that the invention be kept secret and shall withhold 
the grant of a patent therefor under the conditions set forth herein-
after. 
Whenever the publication or disclosure of an invention by the grant-
ing of a patent, in which the Government does not have a property 
interest, might, in the opinion of the Commissioner, be detrimental 
to the national security, he shall make the application for patent in 
which such invention is disclosed available for inspection to the Atomic 
Energy Commission, the Secretary of Defense, and the chief officer 
of any other department or agency of the Government designated by 
the President as a defense agency of the United States. 
Each individual to whom the application is disclosed shall sign a 
dated acknowledgment thereof, which acknowledgment shall be en-
tered in the file of the application. If, in the opinion of the Atomic 
Energy Commission, the Secretary of a Defense Department, or the 
chief officer of another department or agency so designated, the pub-
lication or disclosure of the invention by the granting of a patent 
therefor would be detrimental to the national security, the Atomic 
Energy Commission, the Secretary of a Defense Department, or such 
other chief officer shall notify the Commissioner and the Commissioner 
shall order that the invention be kept secret and shall withhold the 
grant of a patent for such period as the national interest requires, and 
806 
PUBLIC L,AW 593-JULY 19, 1952 
[66 S T A T . 
jiotify the applicant thereof. Upon proper showing by the head of 
the department or agency who caused the secrecy order to be issued 
that the examination of the application might jeopardize the national 
interest, the Commissioner shall thereupon maintain the application 
in a sealed condition and notify the applicant thereof. The owner of 
an application which has been placed under a secrecy order shall have 
a right to appeal from the order to the Secretary of Commerce under 
rules prescribed by him. 
An invention shall not be ordered kept secret and the grant of a pat-
ent withheld for a period of more than one year. The Commissioner 
shall renew the order at the end thereof, or at the end of any renewal 
period, for additional periods of one year upon notification by the 
head of the department or the chief officer of the agency who caused 
the order to be issued that an affirmative determination has been made 
that the national interest continues so to require. An order in effect, 
or issued, during a time when the United States is at war, shall remain 
in effect for the duration of hostilities and one year following cessa-
tion of hostilities. An order in effect, or issued, during a national 
emergency declared by the President shall remain in effect for the 
duration of the national emergency and six months thereafter. 
The 
Commissioner may rescind any order upon notification by the heads of 
the departments and the chief officers of the agencies who caused the 
order to be issued that the publication or disclosure of the invention 
is no longer deemed detrimental to the national security. 
§ 182. Abandonment of invention for unauthorized disclosure 
The invention disclosed in an application for patent subject to an 
order made pursuant to section 181 of this title may be held abandoned 
upon its being established by the Commissioner that in violation of 
said order the invention has been published or disclosed or that an 
application for a patent therefor has been filed in a foreign country 
by the inventor, his successors, assigns, or legal representatives, or 
anyone in privity with him or them, without the consent of the Com-
missioner. The abandonment shall be held to have occurred as of the 
time of violation. The consent of the Commissioner shall not be given 
without the concurrence of the heads of the departments and the chief 
officers of the agencies who caused the order to be issued. A holding 
of abandonment shall constitute forfeiture by the applicant, his suc-
cessors, assigns, or legal representatives, or anyone in privity with him 
or them, of all claims against the United States based upon such 
invention. 
§ 183. Right to compensation 
An applicant, his successors, assigns, or legal representatives, whose 
patent is withheld as herein provided, shall have the right, beginning 
at the date the applicant is notified that, except for such order, his 
application is otherwise in condition for allowance, or February 1, 
1952, whichever is later, and ending six years after a patent is issued 
thereon, to apply to the head of any department or agency who caused 
the order to be issued for compensation for the damage caused by the 
order of secrecy and/or for the use of the invention by the Government, 
resulting from his disclosure. The right to compensation for use shall 
begin on the date of the first use of the invention by the Government. 
The head of the department or agency is authorized, upon the presen-
tation of a claim, to enter into an agreement with the applicant, his 
successors, assigns, or le^al representatives, in full settlement for the 
damage and/or use. This settlement agreement shall be conclusive for 
all purposes not withstanding any other provision of law to the con-
trary. If full settlement of the claim cannot be effected, the head of 
the department or agency may award and pay to such applicant, his 
66 S T A T . ] 
PUBLIC LAW 5 9 3 - J U L Y 19, 1952 
807 
successors, assigns, or legal representatives, a sum not exceeding 75 per 
centum of the sum which the head of the department or agency con-
siders just compensation for the damage and/or use. A claimant may 
bring suit against the United States in the Court of Claims or in the 
District Court of the United States for the district in which such 
claimant is a resident for an amount which when added to the award 
shall constitute just compensation for the damage and/or use of the 
invention by the Government. 
The owner of any patent issued upon 
an application that was subject to a secrecy order issued pursuant to 
section 181 of this title, who did not apply for compensation as above 
provided, shall have the right, after the date of issuance of such patent, 
to bring suit in the Court of Claims for just compensation for the 
damage caused by reason of the order of secrecy and/or use by the 
Government of the invention resulting from his disclosure. The right 
to compensation for use shall begin on the date of the first use of the 
invention by the Government. 
In a suit under the provisions of this 
section the United States may avail itself of all defenses it may plead 
in an action under section 1498 of title 28. This section shall not 
^2 stat. 941. 
confer a right of action on anyone or his successors, assigns, or legal 
representatives who, while in the full-time employment or service of 
the United States, discovered, invented, or developed the invention on 
which the claim is based. 
§ 184. Filing of application in foreign country 
Except when authorized by a license obtained from the Commis-
sioner a person shall not file or cause or authorize to be filed in any 
foreign country prior to six months after filing in the United States 
an application for patent or for the registration of a utility model, 
industrial design, or model in respect of an invention made in this 
country. A license shall not be granted with respect to an invention 
subject to an order issued by the Commissioner pursuant to section 
181 of this title without the concurrence of the head of the depart-
ments and the chief officers of the agencies who caused the order to 
be issued. The license may be granted retroactively where an appli-
cation has been inadvertently filed abroad and the application does 
not disclose an invention within the scope of section 181 of this title. 
The term "application" when used in this chapter includes applica-
tions and any modifications, amendments, or supplements thereto, or 
divisions thereof. 
§ 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 of this title, 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 per-
son, his successors, assigns, or legal representatives shall be invalid. 
§ 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 of this title, shall, with knowledge 
of such order and without due authorization, willfully publish or 
disclose or authorize or cause to be published or disclosed the inven-
tion, or material information with respect thereto, or whoever, in 
violation of the provisions of section 184 of this title, 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, 
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P U B L I C LAW 5 9 3 - J U L Y 19, 1952 
[66 S T A T . 
upon conviction, be fined not more than $10,000 or imprisoned for 
not more than two years, or both. 
§ 187. Nonapplicability to certain persons 
The prohibitions and penalties of this chapter shall not apply to 
any officer or agent of the United States acting within the scope of 
his authority, nor to any person acting upon his written instructions 
or permission. 
§ 188. Rules and regulations, delegation of power 
The Atomic Energy Commission, the Secretary of a defense depart-
ment, 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. 
PART III—PATENTS AND PROTECTION OF 
PATENT RIGHTS 
CHAFTBB 
Sec. 
25. AMENDMENT AND CORRECTION OF PATENTS 
251 
26. OWNERSHIP AND ASSIGNMENT 
261 
27. GOVERNMENT INTERESTS IN PATENTS 
266 
28. INFRINGEMENT OF PATENTS 
271 
29. REMEDIES FOR INFRINGEMENT OF PATENT AND OTHER ACTIONS 
281 
CHAPTER 25—AMENDMENT AND CORRECTION OF 
PATENTS 
Sec. 
251. Reissue of defective patents. 
252. Effect of reissue. 
253. Disclaimer. 
' 
' 
254. Certificate of correction of Patent Office mistake. 
255. Certificate of correction of applicant's mistake. 
256. Misjoinder of inventor. 
§251. Reissue of defective patents 
Whenever any patent is, through error without any deceptive in-
tention, deemed wholly or partly inoperative or invalid, by reason of 
a defective specification or drawing, or by reason of the patentee 
claiming more or less than he had a right to claim in the patent, the 
Commissioner shall, on the surrender of such patent and the payment 
of the fee required by law, reissue the patent for the invention disclosed 
in the original patent, and in accordance with a new and amended 
application, for the unexpired part of the term of the original patent. 
No new matter shall be introduced into the application for reissue. 
The Commissioner may issue several reissued patents for distinct 
and separate parts of the thing patented, upon demand of the appli-
cant, and upon payment of the required fee for a reissue for each of 
such reissued patents. 
The provisions of this title relating to applications for patent shall 
be applicable to applications for reissue of a patent, except that appli-
cation for reissue may be made and sworn to by the assignee of the 
entire interest if the application does not seek to enlarge the scope of 
the claims of the original patent. 
No reissued patent shall be granted enlarging the scope of the claims 
of the original patent unless applied for within two years from the 
grant of the original patent. 
§252. Effect of reissue 
The surrender of the original patent shall take effect upon the issue 
of the reissued patent, and every reissued patent shall have the same 
effect and operation in law, on the trial of actions for causes there-
after arising, as if the same had been originally granted in such 
66 S T A T . ] 
PUBLIC LAW 
5 9 3 - J U L Y 19, 1952 
&^i 
amended form, but in so far as the claims of the original and reissued 
patents are identical, such surrender shall not affect any action then 
pending nor abate any cause of action then existing, and the reissued 
patent, to the extent that its claims are identical with the original 
patent, shall constitute a continuation thereof and have effect con-
tinuously from the date of the original patent. 
No reissued patent shall abridge or affect the right of any person or 
his successors in business who made, purchased or used prior to the 
grant of a reissue anything patented by the reissued patent, to continue 
the use of, or to sell to others to be used or sold, the specific thing so 
made, purchased or used, unless the making, using or selling of such 
thing infringes a valid claim of the reissued patent which was in the 
original patent. The court before which such matter is in question 
may provide for the continued manufacture, use or sale of the thing 
made, purchased or used as specified, or for the manufacture, use or 
sale of which substantial preparation was made before the grant of 
the reissue, and it may also provide for the continued practice of any 
process patented by the reissue, practiced, or for the practice of which 
substantial preparation was made, prior to the grant of the reissue, 
to the extent and under such terms as the court deems equitable for the 
protection of investments made or business commenced before the 
grant of the reissue. 
§ 253. Disclaimer 
Whenever, without any deceptive intention, a claim of a patent is in-
valid 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 OflSce; 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 claim-
ing under him. 
In like manner 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. 
§ 254. Certificate of correction of Patent Office mistake 
Whenever a mistake in a patent, incurred through the fault of the 
Patent Office, is clearly disclosed by the records of the Office, the 
Commissioner may issue a certificate of correction stating the fact and 
nature of such mistake, under seal, without charge, to 1^ 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 con-
sidered 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 Commissioner 
may issue a corrected patent without charge in lieu of and with like 
effect as a certificate of correction. 
§ 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 Office, appears 
in a patent and a showing has been made that such mistake occurred 
in good faith, the Commissioner 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 
810 
PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
for causes thereafter arising as if the same had been originally issued 
m such corrected form. 
§256. Mis 
joinder of inyentor 
Whenever a patent is issued on the application of persons as joint 
inventors and it appears that one of such persons was not in fact a 
joint inventor, and that he was included as a joint inventor by error 
and without any deceptive intention, the Commissioner may, on appli-
cation of all the parties and assignees, with proof of the facts and such 
other requirements as may be imposed, issue a certificate deleting the 
name of the erroneously joined person from the patent. 
Whenever a patent is issued and it appears that a person was a joint 
inventor, but was omitted by error and without deceptive intention on 
his part, the Commissioner may, on application of all the parties and 
assignees, with proof of the facts and such other requirements as may 
be imposed, issue a certificate adding his name to the patent as a joint 
inventor. 
The misjoinder or nonjoinder of joint inventors shall not invali-
date a patent, if such error can be corrected as provided in this section. 
The court before which such matter is called in question may order 
correction of the patent on notice and hearing of all parties concerned 
and the Commissioner shall issue a certificate accordingly. 
CHAPTER 26—OWNERSHIP AND ASSIGNMENT 
Sec. 
261. Ownership; assignment. 
262. Joint owners. 
§ 26L Ownership; assignment 
Subject to the provisions of this title, patents shall have the at-
tributes of personal property. 
Applications for patent, patents, or any interest therein, shall 
be assignable in law by an instrument in writing. The appli-
cant, patentee, or his assigns or legal representatives may in 
like manner grant and convey an exclusive right under his applica-
tion for patent, or patents, to the whole or any specified part of the 
United States. 
A certificate of acknowledgment under the hand and official seal 
of a person authorized to administer oaths within the United States, 
or, in a foreign country, of a diplomatic or consular officer of the 
United States or an officer authorized to administer oaths whose 
authority is proved by a certificate of a diplomatic or consular officer 
of the United States, shall be prima facie evidence of the execution 
of an assignment, grant or conveyance of a patent or application for 
patent. 
An assignment, grant or conveyance shall be void as against any 
subsequent purchaser or mortgagee for a valuable consideration, 
without notice, unless it is recorded in the Patent Office within three 
months from its date or prior to the date of such subsequent pur-
chase or mortgage. 
§ 262. Joint owners 
In the absence of any agreement to the contrary, each of the joint 
owners of a patent may make, use or sell the patented invention without 
the consent of and without accounting to the other owners. 
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5 9 3 - J U L Y 19, 1952 
811 
CHAPTER 27—GOVERNMENT INTERESTS IN PATENTS 
Sec. 
266. Issue of patents without fees to Government employees. 
267. Time for taking action in Government applications. 
§ 266. Issue of patents without fees to Government employees 
The Commissioner may grant, subject to the provisions of this 
title, to any officer, enlisted man, or employee of the Government, 
except officers and employees of the Patent Office, a patent without the 
payment of fees, when the head of a department or agency certifies 
the invention is used or likely to be used in the public interest and the 
applicant in his application states that the invention described therein, 
if patented, may be manufactured and used by or for the Government 
for governmental purposes without the payment to him of any royalty 
thereon, which stipulation shall be included in the patent. 
§ 267. Time for taking action in Government applications 
Notwithstanding the provisions of sections 133 and 151 of this 
title, the Commissioner 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 Commissioner that the invention dis-
closed therein is important to the armament or defense of the United 
States. 
CHAPTER 28—INFRINGEMENT OF PATENTS 
Sec. 
271. Infringement of patent. 
272. Temporary presence in the United States. 
§ 271. Infringement of patent 
(a) Except as otherwise provided in this title, whoever without 
authority makes, uses or sells any patented invention, within the 
United States during the term of the patent therefor, infringes the 
patent. 
(b) Whoever actively induces infringement of a patent shall be 
liable as an infringer. 
(c) Wlioever sells a component of a patented machine, manufac-
ture, combination or composition, or a material- or apparatus for use 
in practicing a patented process, constituting a material part of the 
invention, knowing the same to be especially made or especially adapted 
for use in an infringement of such patent, and not a staple article or 
commodity of commerce suitable for substantial noninfringing use, 
shall be liable as a contributory infringer. 
(d) No patent owner otherwise entitled to relief for infringement 
or contributory infringement of a patent shall be denied relief or 
deemed guilty of misuse or illegal extension of the patent right by 
reason of his having done one or more of the following: (1) derived 
revenue from acts which if performed by another without his consent 
would constitute contributory infringement of the patent; 
(2) 
licensed or authorized another to perform acts which if performed 
without his consent would constitute contributory infringement of 
the patent; (3) sought to enforce his patent rights against infringe-
ment or contributory infringement. 
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PUBLIC L,AW 593-JULY 19, 1952 
[66 S T A T . 
§ 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 acci-
dentally, shall not constitute infringement of any patent, if the inven-
tion is used exclusively for the needs of the vessel, aircraft or vehicle 
and is not sold in or used for the manufacture of anything to be sold 
in or exported from the United States. 
CHAPTER 29—REMEDIES FOR INFRINGEMENT OF 
PATENT, AND OTHER ACTIONS 
Sec. 
281. Remedy for infringement of patent. 
282. Presumption of validity; defenses. 
283. Injunction. 
284. Damages. 
285. Attorney fees. 
286. Time limitation on damages. 
. 
287. Limitation on damages; marking and notice. 
' 
288. Action for infringement of a patent containing an invalid claim. 
289. Additional remedy for infringement of design patent. 
290. Notice of patent suits. 
291. Interfering patents. 
292. False marking. 
293. Nonresident i>atentee, service and notice. 
§ 281. Remedy for infringement of patent 
A patentee shall have remedy by civil action for infringement of 
iiis patent. 
§282. Presumption of validity; defenses 
A patent shall be presumed valid. The burden of establishing 
invalidity of a patent shall rest on a party asserting it. 
The following shall be defenses in any action involving the validity 
or infringement of a patent and shall be pleaded: 
(1) Noninfringement, absence of liability for infringement or unen-
forceability, 
(2) Invalidity of the patent or any claim in suit on any ground 
specified in j)art II of this title as a condition for patentability, 
(3) Invalidity of the patent or any claim in suit for failure to 
comply with any requirement of sections 112 or 251 of this title, 
(4) Any other fact or act made a defense by this title. 
In actions involving the validity or infringement of a patent the 
party asserting invalidity or noninfringement shall give notice in the 
pleadings or otherwise in writing to the adverse party at least thirty 
days before the trial, of the country, number, date, and name of the 
patentee of any patent, the title, date, and page numbers of any 
publication to be relied upon as anticipation of the patent in suit or, 
except in actions in the United States Court of Claims, as showing the 
state of the art, and the name and address of any person Avho may be 
relied upon as the prior inventor or as having prior knowledge of or as 
having previously used or offered for sale the invention of the patent 
in suit. In the absence of such notice proof of the said matters may 
not be made at the trial except on such terms as the court requires. 
§ 283. Injunction 
The several courts having jurisdiction of cases under this title may 
grant injunctions in accordance with the principles of equity to pre-
vent the violation of any right secured by patent, on such terms as 
the court deems reasonable. 
66 S T A T . ] 
PUBLIC LAW 593-JULY 19, 1952 
813 
§ 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. 
The court may receive expert testimony as an aid to the determina-
tion of damages or of what royalty would be reasonable under the 
circumstances. 
§ 285. Attorney fees 
The court in exceptional cases may award reasonable attorney fees 
to the prevailing party. 
§ 286. Time limitation on damages 
Except as otherwise provided by law, no recovery shall be had for 
any infringement committed more than six years prior to the filing 
of the complaint or counterclaim for infringement in the action. 
In the case of claims against the United States Government for use 
of a patented invention, the period before bringing suit, up to six years, 
between the date of receipt of a written claim for compensation by the 
department or agency of the Government having authority to settle 
such claim, and the date of mailing by the Government of a notice to 
the claimant that his claim has been denied shall not be counted as 
part of the period referred to in the preceding paragraph. 
§ 287. Limitation on damages; marking and notice 
Patentees, and persons making or selling any patented article for 
or under them, may give notice to the public that the same is pat-
ented, either by fixing thereon the word "patent" or the abbreviation 
"pat.", together with the number of the patent, or when, from the 
character of the article, this can not be done, by fixing to it, or to the 
package wherein one or more of them is contained, a label containing 
a like notice. In the event of failure so to mark, no damages shall 
be recovered by the patentee in any action for infringement, except 
on proof that the infringer was notified of the infringement and con-
tinued to infringe thereafter, in which event damages may be recovered 
onl}^ for infringement occurring after such notice. Filing of an action 
for infringement shall constitute such notice. 
§ 288. Action for infringement of a patent containing an invalid 
claim 
Whenever, without deceptive intention, a claim of a patent is in-
valid, an action may be maintained for the infringement of a claim 
of the patent which may be valid. 
The patentee shall recover no 
costs unless a disclaimer of the invalid claim has been entered at the 
Patent Office before the commencement of the suit. 
§ 289. Additional remedy for infringement of design patent 
Whoever during the term of a patent for a design, without license 
of the owner, (1) applies the patented design, or any colorable imita-
tion thereof, to any article of manufacture for the purpose of sale, 
or (2) sells or exposes for sale any article of manufacture to which 
such design or colorable imitation has been applied shall be liable to 
the owner to the extent of his total profit, but not less than $250, 
recoverable in any United States district court having jurisdiction of 
the parties. 
Nothing in this section shall prevent, lessen, or impeach any other 
remedy which an owner of an infringed patent has under the pro-
M^ 
PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
visions of this title, but he shall not twice recover the profit made 
from the infringement. 
§290. Notice of patent suits 
The clerks of the courts of the United States, within one month 
after the filing of an action under this title shall give notice thereof 
in writing to the Commissioner, setting forth so far as known the 
names and addresses of the parties, name of the inventor, and the 
designating number of the patent upon which the action has been 
brought. If any other patent is subsequently included in the action 
he shall give like notice thereof. Within one month after the decision 
is rendered or a judgment issued the clerk of the court shall give 
notice thereof to the Commissioner. The Commissioner shall, on re-
ceipt of such notices, enter the same in the file of such patent. 
§ 291. Interfering patents 
The owner of an interfering patent may have relief against the 
owner of another by civil action, and the court may adjudge the ques-
tion of the validity of any of the interfering patents, in whole or in 
part. The provisions of the second paragraph of section 146 of this 
title shall apply to actions brought under this section. 
§ 292. False marking 
(a) Whoever, without the consent of the patentee, marks upon, or 
affixes to, or uses in advertising in connection with anything made, 
used, or sold by him, the name or any imitation of the name of the 
patentee, the patent number, or the words "patent," "patentee," or the 
like, with the intent of counterfeiting or imitating the mark of the 
patentee, or of deceiving the public and inducing them to believe that 
the thing was made or sold by or with the consent of the patentee; or 
Whoever marks upon, or affixes to, or uses in advertising in connec-
tion with any unpatented article, the word "patent" or any word or 
number importing that the same is patented, for the purpose of 
deceiving the public; or 
Whoever marks upon, or affixes to, or uses in advertising in connec-
tion with any article, the words "patent applied for," "patent pending," 
or any word importing that an application for patent has been made, 
when no application for patent has been made, or if made, is not 
pending, for the purpose of deceiving the public— 
Shall be fined not more than $500 for every such offense. 
(b) Any person may sue for the penalty, in which event one-half 
shall go to the person suing and the other to the use of the United 
States. 
§ 293. Nonresident patentee; service and notice 
Every patentee not residing in the United States may file in the 
Patent Office a written designation stating the name and address of a 
person residing within the United States on whom may be served 
process or notice of proceedings affecting the patent or rights there-
under. If the person designated cannot be found at the address given 
in the last designation, or if no person has been designated, the United 
States District Court for the District of Columbia shall have jurisdic-
tion and summons shall be served by publication or otherwise as the 
court directs. The court shall have the same jurisdiction to take any 
action respecting the patent or rights thereunder that it would have if 
the patentee were personally within the jurisdiction of the court. 
SEC. 2. Section 21 of the Act approved July 5, 1946, 60 Stat. 435, 
(United States Code, title 15, sec. 1071,1946 ed.) is amended by striking 
out "Revised Statutes 4911" and inserting "35 United States Code, sec-
tion 141"; by striking out "section 4915, Revised Statutes" and insert-
66 
S T A T . ] 
PUBLIC LAW 593-JULY 19, 1952 
815 
ing "35 United States Code, sections 145 and 146"; and by striking out 
"Revised Statutes 4915" appearing twice in said section and inserting 
"35 United States Code, section 146". 
SEC. 3. If any provision of Title 35, as enacted by section 1 hereof, 
is declared unconstitutional or is held invalid, the validity of the 
remainder of this title shall not be affected. 
SEC. 4. (a) This Act shall take effect on January 1, 1953 and shall 
apply to all applications for patent filed on or after such date and to 
all patents granted on such applications. It shall apply to further pro-
ceedings on applications pending on such date and to patents granted 
on such applications except as otherwise provided. 
It shall apply to 
unexpired patents granted prior to such date except as otherwise 
provided. 
(b) Section 102 (d) of Title 35, as enacted by section 1 hereof, shall 
not apply to existing patents and pending applications, but the law 
previously in effect, namely the first paragraph of R. S. 4887 (U. S. 
Code, title 35, sec. 32, first paragraph, 1946 ed.), shall apply to such 
patents and applications. 
(c) Section 119, second paragraph, of Title 35 as enacted by section 
1 hereof shall not apply to existing patents. 
(d) The period of one year specified in section 102 (b) of Title 35 as 
enacted by section 1 hereof shall not apply in the case of applications 
filed before August 5,1940, and patents granted on such applications, 
and with respect to such applications and patents, said period is two 
years instead of one year. 
(e) Nothing contained in Title 35, as enacted by section 1 hereof, 
shall operate to nullify any judicial finding prior to the effective date 
of this Act on the validity of any patent by a court of competent 
jurisdiction. 
(f) Nothing in Title 35, as enacted by section 1 hereof, shall affect 
any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 
724,60 Stat. 755). 
(g) The period of one year specified in section 4 of Title 35 as 
enacted by section 1 hereof shall not apply in the case of applications 
filed before the effective date of this Act. 
(h) The repeal of sections 1-9, 11, 12 of the Act of Congress ap-
proved February 1,1952 (ch. 4, 66 Stat. 3), shall not affect any rights 
or liabilities existing on the date of approval of this Act. An order 
of secrecy issued under or in effect under the repealed Act and in effect 
on the date of approval of this Act, shall be considered as issued under 
this Act, and any claims arising under the repealed Act or subject 
to presentation and determination pursuant thereto and unsettled as 
of the effective date of this Act, may be presented and determined 
pursuant to the provisions of this Act. 
SEC. 5. The sections or parts thereof of the Revised Statuu^s or 
Statutes at Large enumerated in the following schedule are hereby 
repealed. Any rights or liabilities now existing under such sections 
or parts thereof shall not be affected by this repeal. 
S epar a b i l i t y 
clause. 
Effective date. 
Nonapplicability. 
42 u s e 
180 1 
Post, p. 817. 
Secrecy orders. 
Repeals. 
8ie 
PUBLIC LAW 593-JULY 19, 1952 
[66 S T A T . 
Bevised Statutes 
Section: 
475 
476 
478 
479 
480 
481 
482 
483 
486 
487 
-
488 
489 
493 
494 
496 
4883 
—-
4884 
-
4885 
4886 
4887 
4888 
4889 
4890 
4891 
4892 
4893. 
4804 
4895 
4896 
4898 
U. S. Code 
Title 
35 
36 
35 
36 
36 
35 
35 
35 
35 
35 
35 
35 
35 
35 
35 
36 
35 
35 
35 
36 
35 
35 
35 
35 
35 
35 
35 
35 
35 
36 
1946 edition 
Section 
1 
2 
3 
6 
4 
6 
7 
6 
10 
11 
12 
13 
78 
20 
19 
39 
40 
41 
31 
32 
33 
34 
34 
34 
35 
36 
37 
44 
46 
47 
Revised Statutes 
Section—Continued 
4899 
4900 
4901 
4903 
4904 
4906 
4906 
4907 
4908 
4909 
4911 
4912 
4913 
4914 
4915 
4916-. 
4917 
4918 
4919-
4920 
4921-. 
4922 
4923 
4929 
4930--
4931. 
4933 
4934 
4935 
4936 
U.S. Code, 1946 edition 
Title 
35 
35 
35 
36 
36 
35 
35 
35 
35 
35 
35 
36 
35 
35 
36 
36 
35 
35 
36 
35 
35 
36 
36 
36 
36 
36 
36 
35 
35 
36 
Section 
48 
49 
50 
51 
52 
63 
54 
R5 
66 
57 
59a 
60 
61 
62 
63 
64 
65 
66 
67 
69 
70 
71 
72 
73 
76 
77 
73 
78 
79 
79 
Statutes at Large 
Date 
1883—Mar. 3 
1887—Feb. 4 
1888—Feb. 18 
1891—Mar. 3 
1896—May 19 
1897—Mar. 3 
;'.;• 
' . J . 
1898—June 10 
1899—Feb. 28 
1902—Apr. 11 
May 9 
1903—Mar. 3 
-
1908-May23 
May 23 
May 27 
1916—Jan. 14 
Mar. 3 
1916—Feb. 16 
1916—July 6 
1919—Nov. 4 
1920—Mar. 6 
1921—Mar. 3 
1922—Feb. 18... 
1926—Mar. 4 
Chapter 
143 
105 
15 
641 
204 
391 
423 
227 
417 
783 
1019 
188 
189 
200 
Pub. Res. 
61. 
94 
22 
225 
93 
94 
126 
68 
635 
Section 
Part' 
1 
2 
1 part» 
1 
2 
3,. 
4 
6 
6 
7 
1 
1 
2 
3 
1 part* 
1 
2 
1 
Ipart* 
1 part • 
1 
2 
3 
4 
6 
6 
7 
8 
3 
6 
6 
7 
8 
9 
1 
Volume 
22 
24 
24 
26 
26 
29 
29 
30 
30 
32 
32 
32 
36 
36 
36 
38 
38 
39 
39 
41 
41 
41 
42 
43 
Page 
625 
387 
388 
40 
939 
124 
692 
692 
693 
693 
693 
694 
694 
440 
915 
96 
193 
1226 
1226 
1226 
246 
246 
343 
1221 
958 
959 
8 
348 
336 
612 
1313 
1314 
1314 
1314 
1314 
1314 
1314 
1316 
390 
391 
391 
391 
392 
393 
1268 
U. S, Code 
Title 
36 
35 
35 
35 
36 
36 
35 
35 
35 
36 
36 
35 
36 
36 
35 
35 
35 
35 
35 
36 
36 
36 
36 
35 
35 
35 
35 
35 
36 
36 
35 
35 
36 
35 
86 
35 
35 
36 
36 
36 
36 
36 
36 
35 
36 
, 1946 edition 
Section 
45. 
74. 
75. 
39. 
14. 
78. 
31. 
69. 
32. 
37. 
47. 
70. 
43. 
6 note. 
46. 
39. 
73. 
32. 
36. 
46. 
46. 
41. 
78. 
15. 
33. 
34. 
2. 
37. 
78. 
79. 
80. 
81. 
82. 
83. 
84. 
86. 
86 
87. 
11. 
39. 
47. 
64. 
70. 
78. 
88. 
See footnotes at end of table* 
66 
S T A T . ] 
PUBLIC LAW 593-JULY 19, 1952 
817 
Statutes at Large 
Date 
1927—Feb. 7 
Feb, 14 
1927—Mar. 3 
1928—Apr. 30 
May 24 
May 31 
1929—Mar. 2 
1930—Apr. 11 
May 23 
1932—June 30 
1936—June 19 
1938—May 9 
1939—Aug. 5 
Aug. 6 
Aug. 6.. 
Aug. 7 
Aug. 9... 
1941—Aug. 18 
1946—July 5 
Aug. 8 
1950—Mar. 4 
June 15 
1951—Oft. 31 
1952—Feb. 1 
Chapter 
67 
139 
273 
364 
460 
730 
992 
488 
132 
312 
314 
594 
188 
450 
451 
462 
568 
619 
370 
641 
726 
910 
60 
249 
655 
4 
Section 
1 
2 
1 
3 
4 
5 
8 
9 
10 
11 
12 
13 
14 
1 
2 
3 
4 
2b 
1 
2 
3 
6 
1 
2 
3 
4 
5 
6 
808 
309 
1 
2 
1 
2 
3 . . . . . 
4 
1 
2 
S 
301 part' 
9 
63a 
1 
,. 
2 
3 
4 
6 
6 
7 
8 
9 
11 
12 
Volume 
44 
44 
44 
44 
45 
45 
45 
45 
46 
46 
47 
49 
52 
63 
53 
f3 
63 
63 
56 
60 
60 
60 
64 
64 
65 
66 
rage 
1058 
1098 
1099 
1336 
1336 
1336 
1336 
1336 
1336 
1336 
13.'<6 
1337 
1337 
1337 
1394 
467 
732 
1012 
1013 
1013 
1014 
1476 
155 
156 
156 
166 
376 
376 
376 
376 
376 
376 
410 
410 
1529 
342 
1212 
1212 
1212 
1212 
1212 
1212 
1213 
1264 
1293 
1293 
634 
471 
778 
943 
11 
215 
728 
3 
4 
4 
6 
5 
5 
6 
6 
6 
6 
6 
U. S. Code 
Title 
35 
35 
35 
35 
35 
35 
35 
36 
35 
35 
35 
36 
36 
36 
35 
35 
35 
35 
35 
35 
36 
35 
35 
36 
35 
36 
36 
35 
35 
36 
36 
35 
35 
35 
36 
36 
.36 
35 
36 
36 
36 
35 
35 
35 
35 
36 
36 
36 
36 
36 
35 
35 
35 
35 
35 
35 
35 
35 
35 
35 
35 
36 
. 1946 edition 
Section 
49. 
2. 
78. 
37. 
7. 
62. 
67. 
59a. 
60. 
61. 
63. 
66. 
78. 
21. 
72a. 
46. 
64. 
40a. 
40b. 
40c. 
40d. 
69a, 60, 63. 
2. 
7. 
78. 
22. 
31,40 
33. 
35. 
56a. 
328. 
32b. 
78. 
78. 
32. 
Ua. 
31, 32, 69, 73. 
31 note. 
52. 
67. 
69a. 
63. 
61. 
37. 
41. 
78. 
47. 
78. 
70. 
109. 
7. 
78. 
72a. 
151. 
162. 
153. 
154 
165. 
156. 
157 
158 
159. 
1 The part relating to the granting of patents to Oovemment employees without fees. 
' The part relating to certified copies of drawings and specifications. 
* The part relating to fees for recording assignments. 
«The part amending R. S. 4894. 
i The part relating to the price of copies of patents. 
• The part relating to payment of fees. 
' The part relating to the fee for copies of specifications and drawings of patents 
Approved July 10, 1952.