Source
(July 19, 1952, ch. 950, 66 Stat. 794, § 11; Pub. L. 93–596, § 1,Jan. 2, 1975, 88 Stat. 1949; renumbered § 10 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(1),
4717(1),
4732(a)(10)(A),
4804(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, §§ 13205(2)(A),
13206(b)(1)(B), (3)(A),Nov. 2, 2002, 116 Stat. 1903, 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§ 13 and
16 (R.S. 489; July 9, 1947, ch. 211, § 301 (part),
61 Stat. 299, repeated in prior and subsequent appropriation acts).
Section is amplified to list the publications of the Patent Office, based on
44 U.S.C., 1946 ed., §§ 283,
283a.
The second sentence of item 1 of the revised section is a provision appearing annually in appropriation acts to enable the Patent Office to maintain a small printing press to place headings on drawings before the drawings are reproduced.
Language is changed.
Prior Provisions
A prior section
10 was renumbered section
9 of this title.
Amendments
2002—Subsec. (a).
Pub. L. 107–273, § 13206(b)(3)(A), amended directory language of
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(b)]. See 1999 Amendment note below.
Subsec. (a)1.
Pub. L. 107–273, § 13205(2)(A), made technical correction to directory language of
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)]. See 1999 Amendment note below.
Subsec. (b).
Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.
1999—
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered section
11 of this title as this section.
Subsec. (a).
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(b)], as amended by
Pub. L. 107–273, § 13206(b)(3)(A), which directed the general amendment of the introductory provisions of subsec. (a) ofsection
10 of this title to read “The Director may publish in printed, typewritten, or electronic form, the following:”, was executed to this section, which was section
11 of this title, to reflect the probable intent of Congress. This section was subsequently renumbered section
10 of this title by
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]. Prior to amendment, introductory provisions of subsec. (a) read as follows: “The Commissioner may print, or cause to be printed, the following:”. See note above and Effective Date of 1999 Amendment note below.
Subsec. (a)1.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)], as amended by
Pub. L. 107–273, § 13205(2)(A), inserted “and published applications for patents” after “Patents”.
Subsec. (b).
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by
Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner”.
1975—
Pub. L. 93–596substituted “Patent and Trademark Office” for “Patent Office”, wherever appearing.
Effective Date of 1999 Amendment
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4508], Nov. 29, 1999,
113 Stat. 1536, 1501A–566, as amended by
Pub. L. 107–273, div. C, title III, § 13205(3),Nov. 2, 2002,
116 Stat. 1903, provided that: “Except as otherwise provided in this section, sections
4502 through
4504 and
4506 through
4507 [amending sections
10 to
12,
119,
120,
122,
135,
154,
181,
252,
284, and
374 of this title and enacting provisions set out as notes under sections
41 and
122 of this title], and the amendments made by such sections, shall be effective as of November 29, 2000, and shall apply only to applications (including international applications designating the United States) filed on or after that date. The amendments made by section
4504 [amending section
154 of this title] shall additionally apply to any pending application filed before November 29, 2000, if such pending application is published pursuant to a request of the applicant under such procedures as may be established by the Director. Except as otherwise provided in this section, the amendments made by section
4505 [amending section
102 of this title] shall be effective as of November 29, 2000 and shall apply to all patents and all applications for patents pending on or filed after November 29, 2000. Patents resulting from an international application filed before November 29, 2000 and applications published pursuant to section
122
(b) [probably means section
122
(b) of title
35] or Article 21(2) of the treaty defined in section
351
(a) [probably means section
351
(a) of title
35] resulting from an international application filed before November 29, 2000 shall not be effective as prior art as of the filing date of the international application; however, such patents shall be effective as prior art in accordance with section
102
(e) in effect on November 28, 2000.”
Amendment by section
1000(a)(9) [title IV, §§ 4717(1),
4732(a)(10)(A)] of
Pub. L. 106–113effective 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.
Effective Date of 1975 Amendment
Amendment by
Pub. L. 93–596effective 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.