35 U.S.C. § 2
Powers and duties
The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce— The Office— may establish regulations, not inconsistent with law, which—
Title 35 — PATENTS
United States · statute · 35 U.S.C. · 132 active provisions
35 U.S.C. § 3
Officers and employees
The Director shall— Any individual who, on the day before the effective date of the Patent and Trademark Office Efficiency Act, is an officer or employee of the Department of Commerce (other than an officer or employee under paragraph (1)) shall be transferred to the Office, as necessary to carry out the purposes of th…
35 U.S.C. § 4
Restrictions on officers and employees as to interest in patents
Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issue…
35 U.S.C. § 5
Patent and Trademark Office Public Advisory Committees
Members of each Advisory Committee— Each Advisory Committee shall— within 60 days after the end of each fiscal year—
35 U.S.C. § 6
Patent Trial and Appeal Board
The Patent Trial and Appeal Board shall—
35 U.S.C. § 7
Library
The Director shall maintain a library of scientific and other works and periodicals, both foreign and domestic, in the Patent and Trademark Office to aid the officers in the discharge of their duties.
35 U.S.C. § 8
Classification of patents
The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and printed publications as may be necessary or practicable, for the purpose of determining with readiness and accuracy the novelty of inventions for which applications for patent are filed.
35 U.S.C. § 9
Certified copies of records
The Director may furnish certified copies of specifications and drawings of patents issued by the Patent and Trademark Office, and of other records available either to the public or to the person applying therefor.
35 U.S.C. § 10
Publications
1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawin…
35 U.S.C. § 11
Exchange of copies of patents and applications with foreign countries
In this section—
35 U.S.C. § 12
Copies of patents and applications for public libraries
The Director may supply copies of specifications and drawings of patents and published applications for patents in printed or electronic form to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year’s issue established for this purpose in section 41(…
35 U.S.C. § 13
Annual report to Congress
The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to examiners, the evaluation of the Comm…
35 U.S.C. § 22
Printing of papers filed
The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium.
35 U.S.C. § 23
Testimony in Patent and Trademark Office cases
The Director may establish rules for taking affidavits and depositions required in cases in the Patent and Trademark Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where he resides, may take such affidavits and depositions.
35 U.S.C. § 24
Subpoenas, witnesses
The clerk of any United States court for the district wherein testimony is to be taken for use in any contested case in the Patent and Trademark Office, shall, upon the application of any party thereto, issue a subpoena for any witness residing or being within such district, commanding him to appear and testify before…
35 U.S.C. § 26
Effect of defective execution
Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Director despite a defective execution, provided a properly executed document is submitted within such time as may be prescrib…
35 U.S.C. § 27
Revival of applications; reinstatement of reexamination proceedings
The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent…
35 U.S.C. § 28
Award of certificates to accelerate certain matters at the Patent and Trademark Office
In this section, the term “eligible entity” means an entity that— There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters:
35 U.S.C. § 32
Suspension or exclusion from practice
The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with t…
35 U.S.C. § 33
Unauthorized representation as practitioner
Whoever, not being recognized to practice before the Patent and Trademark Office, holds himself out or permits himself to be held out as so recognized, or as being qualified to prepare or prosecute applications for patent, shall be fined not more than $1,000 for each offense.
35 U.S.C. § 41
Patent fees; patent and trademark search systems
The Director shall charge the following fees: In addition to the fee specified in paragraph (1)— For petitions for 1-month extensions of time to take actions required by the Director in an application— The Director shall charge the following fees for maintaining in force all patents based on applications filed on or af…
35 U.S.C. § 42
Patent and Trademark Office funding
The Secretary of Commerce shall, on the day each year on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Representatives—
35 U.S.C. § 100
Definitions
When used in this title unless the context otherwise indicates— The term “effective filing date” for a claimed invention in a patent or application for patent means—
35 U.S.C. § 101
Inventions patentable
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
35 U.S.C. § 102
Conditions for patentability; novelty
A person shall be entitled to a patent unless— A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if— A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if— Subject matter disclo…
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