2011 US Code
Title 35 - Patents
Part II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS (§§ 100 - 212)
Chapter 15 - PLANT PATENTS (§§ 161 - 164)
Section 162 - Description, claim
View Metadata| Publication 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 15 - PLANT PATENTS Sec. 162 - Description, claim |
| Contains | section 162 |
| 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. 804; Pub. L. 112-29, §20(j), Sept. 16, 2011, 125 Stat. 335. |
| Statutes at Large References | 38 Stat. 958 46 Stat. 376 66 Stat. 804 125 Stat. 335 |
| Public Law References | Public Law 112-29 |
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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.
(July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 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. See 2011 Amendment note below.
Historical and Revision NotesBased on Title 35, U.S.C., 1946 ed., §33, part (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 first paragraph is the provision in R.S. 4888 (see section 112). The second paragraph is not in the statute but represents the actual practice.
Amendments2011—Pub. L. 112–29 struck out “of this title” after “112”.
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.
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