2015 US Code
Title 35 - Patents (Sections 1 - 390)
Part III - Patents and Protection of Patent Rights (Sections 251 - 329)
Chapter 25 - Amendment and Correction of Patents (Sections 251 - 257)
Sec. 253 - Disclaimer
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 25 - AMENDMENT AND CORRECTION OF PATENTS Sec. 253 - Disclaimer |
Contains | section 253 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112-29, §20(e), Sept. 16, 2011, 125 Stat. 334. |
Statutes at Large References | 66 Stat. 809 88 Stat. 1949 125 Stat. 334 |
Public and Private Laws | Public Law 93-596, Public Law 112-29 |
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(a) In General.—Whenever a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid. A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of his interest in such patent. Such disclaimer shall be in writing, and recorded in the Patent and Trademark Office; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.
(b) Additional Disclaimer or Dedication.—In the manner set forth in subsection (a), any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112–29, §20(e), Sept. 16, 2011, 125 Stat. 334.)
HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946 ed., §65 (R.S. 4917).
Language is changed and substantive changes are introduced; (1) only a claim as a whole may be disclaimed, and (2) the provision regarding delay is omitted. See preliminary general description of bill.
See section 288.
The second paragraph is new and provides for the disclaiming or dedication of an entire patent, or any terminal part of the term, for example, a patentee may disclaim the last three years of the term of his patent.
AMENDMENTS2011—Pub. L. 112–29 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, in subsec. (a), substituted "Whenever" for "Whenever, without any deceptive intention,", and, in subsec. (b), substituted "In the manner set forth in subsection (a)," for "In like manner".
1975—Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office".
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
EFFECTIVE DATE OF 1975 AMENDMENTAmendment 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.
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