2013 US Code
Title 35 - Patents
Part III - PATENTS AND PROTECTION OF PATENT RIGHTS (§§ 251 - 329)
Chapter 25 - AMENDMENT AND CORRECTION OF PATENTS (§§ 251 - 257)
Section 253 - Disclaimer
Publication Title | United States Code, 2012 Edition, Supplement 1, 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 | 2013 |
Laws in Effect as of Date | January 16, 2014 |
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 Law References | Public Law 93-596, Public Law 112-29 |
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(a)
(b)
(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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