Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 3 (R.S. 478).
“Certificates of trade-mark registrations” is added, see note under section 1. Changes in language are made and the specific date eliminated.
References in Text
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (b)(4)(A), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
2011—Subsec. (b)(2)(E). Pub. L. 112–29, § 20(j), struck out “of this title” after “41(h)(1)”.
Subsec. (b)(2)(G). Pub. L. 112–29, § 25, added subpar. (G).
Subsec. (b)(4)(A). Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”.
Subsec. (b)(11). Pub. L. 112–29, § 21(a), inserted “, and the Office is authorized to expend funds to cover the subsistence expenses and travel-related expenses, including per diem, lodging costs, and transportation costs, of persons attending such programs who are not Federal employees” after “world”.
2003—Subsec. (b)(4)(A). Pub. L. 108–178 substituted “subtitle I and chapter 33 of title 40, title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.),” for “the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the Public Buildings Act (40 U.S.C. 601 et seq.),”.
2002—Subsec. (b)(2)(B), (4)(B). Pub. L. 107–273 struck out “, United States Code” before semicolon at end.
2000—Subsec. (b)(4)(A). Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.
1999—Pub. L. 106–113 amended section catchline and text generally. Prior to amendment, text read as follows: “The Patent and Trademark Office shall have a seal with which letters patent, certificates of trade-mark registrations, and papers issued from the Office shall be authenticated.”
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 2011 Amendment
Pub. L. 112–274, § 1(g), Jan. 14, 2013, 126 Stat. 2457, provided that:
“Notwithstanding section 35 of the Leahy-Smith America Invents Act (35 U.S.C. 1
note), the amendments made by section 21 of the Leahy-Smith America Invents Act (Public Law 112–29
; 125 Stat. 335
) [amending this section and section 3 of this title
] shall be effective as of September 16, 2011
Pub. L. 112–29, § 20(
), Sept. 16, 2011
, 125 Stat. 335
, provided that:
“The amendments made by this section [amending this section and sections 3
, and 371
of this title and repealing sections 155
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 proceedings commenced on or after that effective date.”
Except as otherwise provided in Pub. L. 112–29, amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued on or after that effective date, see section 35 of Pub. L. 112–29, set out as a note under section 1 of this title.
USPTO Law School Clinic Certification Program
Pub. L. 113–227, § 1, Dec. 16, 2014, 128 Stat. 2114, provided that:
The Law School Clinic Certification Program of the United States Patent and Trademark Office, as implemented by the Office, is established as a program entitled the ‘Law School Clinic Certification Program’. The Program shall allow students enrolled in a participating law school’s clinic to practice patent and trademark law before the Office by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro-bono basis for clients that qualify for assistance from the law school’s clinic. The Director shall establish regulations and procedures for application to and participation in the Program. All law schools accredited by the American Bar Association are eligible for participation in the Program, and shall be examined for acceptance using identical criteria established by the Director. The Program shall be in effect for the 10-year period beginning on the date of the enactment of this Act [Dec. 16, 2014].
“(b)Report on the Program.—
The Director shall, not later than the last day of the 2-year period beginning on the date of the enactment of this Act, submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the Program, describing the number of law schools and law students participating in the Program, the work done through the Program, the benefits of the Program, and any recommendations of the Director for modifications to the Program.
“(c)Definitions.—In this section:
The term ‘Office’ means the United States Patent and Trademark Office.
The term ‘Program’ means the Law School Clinic Certification Program established in subsection (a).
The term ‘Director’ means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.”
Patent Ombudsman Program for Small Business Concerns
Pub. L. 112–29, § 28, Sept. 16, 2011, 125 Stat. 339, provided that:
“Using available resources, the Director [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] shall establish and maintain in the [United States Patent and Trademark] Office a Patent Ombudsman Program. The duties of the Program’s staff shall include providing support and services relating to patent filings to small business concerns and independent inventors.”
Pro Bono Programs
Pub. L. 112–29, § 32, Sept. 16, 2011, 125 Stat. 340, provided that:
The Director [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] shall work with and support intellectual property law associations across the country in the establishment of pro bono programs designed to assist financially under-resourced independent inventors and small businesses.
This section shall take effect on the date of the enactment of this Act [Sept. 16, 2011].”
Electronic Filing and Processing of Patent and Trademark Applications
Pub. L. 107–273, div. C, title III, § 13103, Nov. 2, 2002, 116 Stat. 1899, provided that:
“(a)Electronic Filing and Processing.—The Director [of the Patent and Trademark Office] shall, beginning not later than 90 days after the date of enactment of this Act [Nov. 2, 2002], and during the 3-year period thereafter, develop an electronic system for the filing and processing of patent and trademark applications, that—
is user friendly; and
“(2) includes the necessary infrastructure—
to allow examiners and applicants to send all communications electronically; and
to allow the Office to process, maintain, and search electronically the contents and history of each application.
“(b)Authorization of Appropriations.—
Of amounts authorized under section 13102 [set out as a note under section 42 of this title
], there is authorized to be appropriated to carry out subsection (a) of this section not more than $50,000,000 for each of fiscal years 2003, 2004, and 2005. Amounts made available pursuant to this subsection shall remain available until expended.”