Laws: Cases and Codes : U.S. Code : Title 35
|
U.S. Code as of:
01/19/04
Title 35 - Notes
THIS TITLE WAS ENACTED BY ACT JULY 19, 1952, CH. 950, SEC. 1, 66
STAT. 792
Part Sec.
I. United States Patent and Trademark Office 1
II. Patentability of Inventions and Grant of Patents 100
III. Patents and Protection of Patent Rights 251
IV. Patent Cooperation Treaty 351
AMENDMENTS
1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.
4732(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, substituted
"United States Patent and Trademark Office" for "Patent and
Trademark Office" in item I.
1984 - Pub. L. 98-622, title IV, Sec. 403(b), Nov. 8, 1984, 98
Stat. 3392, added item IV.
TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 35
--------------------------------------------------------------------
Title 35 Title 35
Former Sections New Sections
--------------------------------------------------------------------
1 1
2 3
3 2
4 4
5 5
6 6
7 7
10 8
11 31, 32
11a 33
12 22
13 11
14 10
14a (See former Sec. 78)
15 12
16 11(a) 1
17-19 Rep.
20 14
21 21
22 Rep.
23 Rep.
31 101, 102, 161
32 102(d), 119, 172
32a, 32b Rep.
33 111, 112, 162
34 113, 114
35 115
36 131
37 133, 267
38 Rep.
39 153
40 154
40a-40d Rep.
41 151
42-42f Rep.
43 Rep.
44 152
45 266
46 147
47 261
48 Rep.
49 287
50 292
51 132, 135
52 135
53 23
54-56 24
56a 164
57 134
58, 59 Rep.
59a 141; T. 28 Sec. 1542
60 142
61 143
62 144
63 145, 146
64 251, 252
65 253
66 291
67 281, 284
68 T. 28 Sec. 1498
69 102(g), 282
70 283-286, 290
71 288
72 102, 104
72a 146, 291
73 171
74, 75 289
76 114
77 173
78 12, 13, 41
79 42
80-87 Rep.
88 254
89-96 Elim.
101-108 Elim.
109 104
110-118a Elim.
119 T. 50 App. Sec. 2371
151 181
152 182
153 183
154 184
155 185
156 186
157 187
158 188
159 Rep.
--------------------------------------------------------------------
CITATION
Section 1 of act July 19, 1952, ch. 950, 66 Stat. 792, provided
in part that this title may be cited as "Title 35, United States
Code, section - ."
SEPARABILITY
Section 3 of act July 19, 1952, ch. 950, 66 Stat. 815, provided
that: "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."
EFFECTIVE DATE; SAVINGS PROVISION
Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, provided
that:
"(a) This Act [enacting this title] 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 proceedings 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 [first paragraph of section 32 of former Title 35], 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) [Sec. 2011 et seq. of Title 42, The
Public Health and Welfare].
"(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
approved February 1, 1952 (ch. 4, 66 Stat. 3) [sections 151 to 159
of former Title 35], shall not affect any rights or liabilities
existing on the date of approval of this Act [July 19, 1952]. 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 [this title]."
REPEALS
Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, repealed
the sections or parts of sections of the Revised Statutes or
Statutes at Large codified in this Act with the proviso that "Any
rights or liabilities now existing under such sections or parts
thereof shall not be affected by this repeal."
-SECREF-
TITLE REFERRED TO IN OTHER SECTIONS
This title is referred to in title 11 section 101; title 15
sections 278n, 3703; title 17 sections 912, 1329; title 42 section
12002.
|
Ads by FindLaw