2011 US Code
Title 35 - Patents
Part II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS (§§ 100 - 212)
Chapter 11 - APPLICATION FOR PATENT (§§ 111 - 123)
Section 111 - Application
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 11 - APPLICATION FOR PATENT Sec. 111 - Application |
Contains | section 111 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 97-247, §5, Aug. 27, 1982, 96 Stat. 319; Pub. L. 103-465, title V, §532(b)(3), Dec. 8, 1994, 108 Stat. 4986; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4732(a)(10)(A), 4801(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582, 1501A-588; Pub. L. 107-273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112-29, §§3(e)(2), 4(a)(3), (d), 20(j), Sept. 16, 2011, 125 Stat. 287, 295, 296, 335. |
Statutes at Large References | 38 Stat. 958 46 Stat. 376 66 Stat. 798 85 Stat. 87 96 Stat. 319 108 Stat. 4986 113 Stat. 1536 116 Stat. 1906 125 Stat. 287, 288, 295-297, 297, 335 |
Public Law References | Public Law 92-34, Public Law 97-247, Public Law 103-465, Public Law 106-113, Public Law 107-273, Public Law 112-29 |
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(a)
(1)
(2)
(A) a specification as prescribed by section 112 of this title;
(B) a drawing as prescribed by section 113 of this title; and
(C) an oath by the applicant as prescribed by section 115 of this title.
(3)
(4)
(b)
(1)
(A) a specification as prescribed by the first paragraph of section 112 of this title; and
(B) a drawing as prescribed by section 113 of this title.
(2)
(3)
(B) The fee may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director.
(C) Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Director that the delay in submitting the fee was unavoidable or unintentional.
(4)
(5)
(6)
(7)
(8)
(July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 97–247, §5, Aug. 27, 1982, 96 Stat. 319; Pub. L. 103–465, title V, §532(b)(3), Dec. 8, 1994, 108 Stat. 4986; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §§4732(a)(10)(A), 4801(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, 1501A–588; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§3(e)(2), 4(a)(3), (d), 20(j), Sept. 16, 2011, 125 Stat. 287, 295, 296, 335.)
Amendment of SectionPub. L. 112–29, §20(j), (l), Sept. 16, 2011, 125 Stat. 335, provided that, 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, this section is amended by striking “of this title” each place that term appears except the first instance of the use of such term in subsection (b)(8). See 2011 Amendment notes below.
Pub. L. 112–29, §4(a)(3), (d), (e), Sept. 16, 2011, 125 Stat. 295–297, provided that, effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent application that is filed on or after that effective date, this section is amended:
(1) in subsection (a)—
(A) in paragraph (2)(C), by striking “by the applicant” and inserting “or declaration”;
(B) in the heading for paragraph (3), by inserting “
(C) by inserting “or declaration” after “and oath” each place it appears; and
(2) in subsection (b)—
(A) in paragraph (1)(A), by striking “the first paragraph of section 112 of this title” and inserting “section 112(a)”; and
(B) in paragraph (2), by striking “the second through fifth paragraphs of section 112,” and inserting “subsections (b) through (e) of section 112,”.
See 2011 Amendment notes below.
Pub. L. 112–29, §3(e)(2), (3), Sept. 16, 2011, 125 Stat. 287, 288, provided that, effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to any request for a statutory invention registration filed on or after that effective date, subsection (b)(8) of this section is amended by striking “sections 115, 131, 135, and 157” and inserting “sections 131 and 135”. See 2011 Amendment note below.
Historical and Revision NotesBased on Title 35, U.S.C., 1946 ed., §33 (R.S. 4888, amended (1) Mar. 3, 1915, ch. 94, §1, 38 Stat. 958; (2) May 23, 1930, ch. 312, §2, 46 Stat. 376).
The corresponding section of existing statute is divided into an introductory section relating to the application generally (this section) and a section on the specification (sec. 112).
The parts of the application are specified and the requirement for signature is placed in this general section so as to insure that only one signature will suffice.
Amendments2011—Subsec. (a)(2)(A). Pub. L. 112–29, §20(j), struck out “of this title” after “112”.
Subsec. (a)(2)(B). Pub. L. 112–29, §20(j), struck out “of this title” after “113”.
Subsec. (a)(2)(C). Pub. L. 112–29, §20(j), struck out “of this title” after “115”.
Pub. L. 112–29, §4(a)(3)(A), substituted “or declaration” for “by the applicant”.
Subsec. (a)(3). Pub. L. 112–29, §4(a)(3)(B), (C), inserted “or declaration” after “and oath” in heading and text.
Subsec. (a)(4). Pub. L. 112–29, §4(a)(3)(C), inserted “or declaration” after “and oath” in two places.
Subsec. (b)(1)(A). Pub. L. 112–29, §4(d)(1), substituted “section 112(a)” for “the first paragraph of section 112 of this title”.
Subsec. (b)(1)(B). Pub. L. 112–29, §20(j), struck out “of this title” after “113”.
Subsec. (b)(2). Pub. L. 112–29, §4(d)(2), substituted “subsections (b) through (e) of section 112,” for “the second through fifth paragraphs of section 112,”.
Subsec. (b)(5). Pub. L. 112–29, §20(j), struck out “of this title” after “119(e)(3)”.
Subsec. (b)(6). Pub. L. 112–29, §20(j), struck out “of this title” after “119(e)”.
Subsec. (b)(7). Pub. L. 112–29, §20(j), struck out “of this title” after “365(a)” and after “365(c)”.
Subsec. (b)(8). Pub. L. 112–29, §20(j), struck out “of this title” before period at end.
Pub. L. 112–29, §3(e)(2), substituted “sections 131 and 135” for “sections 115, 131, 135, and 157”.
2002—Subsecs. (a)(1), (3), (4), (b)(1), (3)(B), (C), (6). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)]. See 1999 Amendment notes below.
1999—Subsecs. (a)(1), (3), (4), (b)(1), (3)(B), (C). Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
Subsec. (b)(5). Pub. L. 106–113, §1000(a)(9) [title IV, §4801(a)], amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “The provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival thereafter.”
Subsec. (b)(6). Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
1994—Pub. L. 103–465 amended section generally. Prior to amendment, section read as follows: “Application for patent shall be made, or authorized to 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 accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.”
1982—Pub. L. 97–247 inserted “, or authorized to be made,” after “shall be made”, struck out the colon after “shall include”, struck out “signed by the applicant and” after “The application”, and inserted provisions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.
Effective Date of 2011 AmendmentPub. L. 112–29, §3(e)(3), Sept. 16, 2011, 125 Stat. 288, provided that: “The amendments made by this subsection [amending this section and repealing section 157 of this title] shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act [Sept. 16, 2011], and shall apply to any request for a statutory invention registration filed on or after that effective date.”
Pub. L. 112–29, §4(e), Sept. 16, 2011, 125 Stat. 297, provided that: “The amendments made by this section [amending this section and sections 112, 115, 118, 121, and 251 of this title] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent application that is filed on or after that effective date.”
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
Effective Date of 1999 AmendmentAmendment by section 1000(a)(9) [title IV, §4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Amendment by section 1000(a)(9) [title IV, §4801(a)] of Pub. L. 106–113 effective Nov. 29, 1999, and applicable to any provisional application filed on or after June 8, 1995, see section 1000(a)(9) [title IV, §4801(d)] of Pub. L. 106–113, set out as a note under section 119 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–465 effective 6 months after Dec. 8, 1994, and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) of Pub. L. 103–465, set out as a note under section 154 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set out as an Effective Date note under section 294 of this title.
Emergency Relief From Postal Situation Affecting Patent, Trademark, and Other Federal CasesPub. L. 92–34, June 30, 1971, 85 Stat. 87, provided that a patent or trademark application would be considered filed in the United States Patent Office on the date that it would have been received by the Patent Office except for the delay caused by emergency situation affecting postal service from Mar. 18, 1970 to Mar. 30, 1970, if a claim was made.
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