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35 U.S.C. § 28 — Award of certificates to accelerate certain matters at the Patent and Trademark Office
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “eligible entity” means an entity that—
(1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and
(2) meets the requirements specified by the Director.
**(b) Establishment.—** 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:
(1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding.
(2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application.
(3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal.
(4) A matter identified by the Director.
**(c) Administration.—** The Director shall administer the competition established under subsection (b).
**(d) Application.—** An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
**(e) Promotion of Competition.—** The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1.
**(f) Treatment as Successor.—** The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled “Humanitarian Awards Pilot Program”, published at 77 Fed. Reg. 6544 (February 8, 2012)).
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Source file: Laws/federal/codes/united-states-code/title-35/section-28-award-of-certificates-to-accelerate-certain-matters-at-the-patent-and-tr--6b99770c15.md
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Source location: Title 35, Chapter 2, § 28; chapter-002-proceedings-in-the-patent-and-trademark-office.md
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**(a) Definition.—** In this section, the term “eligible entity” means an entity that—
(1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and
(2) meets the requirements specified by the Director.
**(b) Establishment.—** 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:
(1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Appeal Board from that proceeding.
(2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application.
(3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter that generated the appeal.
(4) A matter identified by the Director.
**(c) Administration.—** The Director shall administer the competition established under subsection (b).
**(d) Application.—** An entity seeking an award under subsection (b) shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.
**(e) Promotion of Competition.—** The Director shall promote the competition established under subsection (b) through the satellite offices established pursuant to section 1.
**(f) Treatment as Successor.—** The competition established under subsection (b) shall be treated as a successor to the Patents for Humanity Program (established in the notice entitled “Humanitarian Awards Pilot Program”, published at 77 Fed. Reg. 6544 (February 8, 2012)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
Page 23
TITLE 35—PATENTS
§ 28
Editorial Notes
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–273 made technical cor-
rection to directory language of Pub. L. 106–113. See
1999 Amendment note below.
1999—Subsec. (a). Pub. L. 106–113, as amended by Pub.
L. 107–273, substituted ‘‘Director’’ for ‘‘Commissioner’’
in two places.
1975—Subsec. (a). Pub. L. 93–596 substituted ‘‘Patent
and Trademark Office’’ for ‘‘Patent Office’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–113 effective 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. 93–596 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.
§ 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 accept-
ed by the Director despite a defective execution,
provided a properly executed document is sub-
mitted within such time as may be prescribed.
(Added Pub. L. 88–292, § 1, Mar. 26, 1964, 78 Stat.
171; amended Pub. L. 93–596, § 1, Jan. 2, 1975, 88
Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9)
[title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat.
1536, 1501A–582; Pub. L. 107–273, div. C, title III,
§ 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273 made technical correction to di-
rectory language of Pub. L. 106–113. See 1999 Amend-
ment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273,
substituted ‘‘Director’’ for
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 28
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