U.S. Code: Title 35

Editorial Notes

Amendments

2012—Pub. L. 112–211, title I, § 101(b), Dec. 18, 2012, 126 Stat. 1531, added item V.

1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 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, § 403(b), Nov. 8, 1984, 98 Stat. 3392, added item IV.

Table Showing Disposition of All Sections of Former Title 35
Title 35 Former Sections	Title 35 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 § 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 § 1542
60	142
61	143
62	144
63	145, 146
64	251, 252
65	253
66	291
67	281, 284
68	T. 28 § 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. § 2371
151	181
152	182
153	183
154	184
155	185
156	186
157	187
158	188
159	Rep.

Statutory Notes and Related Subsidiaries

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) [§ 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.”