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35 U.S.C. § 261 — Ownership; assignment
Federal law — U.S. Code and appendices · legal_authorities
Subject to the provisions of this title, patents shall have the attributes of personal property. The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.
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Source location: Title 35, Chapter 26, § 261; chapter-026-ownership-and-assignment.md
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Subject to the provisions of this title, patents shall have the attributes of personal property. The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.
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Federal law — U.S. Code and appendices · legal_authorities
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 owner in a reexamination proceeding, upon petition by the applicant for patent or patent owner.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 27
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Fees.—** The Director shall charge the following fees:
(1) **Filing and basic national fees.—**
(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B) On filing each application for an original design patent, $220.
(C) On filing each application for an original plant patent, $220.
(D) On filing each provisional application for an original patent, $220.
(E) On filing each application for the reissue of a patent, $330.
(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2) **Excess claims fees.—**
(A) *In general.—* — In addition to the fee specified in paragraph (1)—
(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii) for each application containing a multiple dependent claim, $390.
(B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
Page 104
TITLE 35—PATENTS
§ 261
the patent that is the subject of the supple-
mental examination, then in addition to any
other actions the Director is authorized to take,
including the cancellation of any claims found
to be invalid under section 307 as a result of a re-
examination ordered under this section, the Di-
rector shall also refer the matter to the Attor-
ney General for such further action as the At-
torney General may deem appropriate. Any such
referral shall be treated as confidential, shall
not be included in the file of the patent, and
shall not be disclosed to the public unless the
United States charges a person with a criminal
offense in connection with such referral.
(f) RULE
OF CONSTRUCTION.—Nothing in this
section shall be construed—
(1) to preclude the imposition of sanctions
based upon criminal or antitrust laws (includ-
ing section 1001(a) of title 18, the first section
of the Clayton Act, and section 5 of the Fed-
eral Trade Commission Act to the extent that
section relates to unfair methods of competi-
tion);
(2) to limit the authority of the Director to
investigate issues of possible misconduct and
impose sanctions for misconduct in connection
with matters or proceedings before the Office;
or
(3) to limit the authority of the Director to
issue regulations under chapter 3 relating to
sanctions for misconduct by representatives
practicing before the Office.
(Added and amended Pub. L. 112–29, §§ 12(a), 20(j),
Sept. 16, 2011, 125 Stat. 325, 335.)
Editorial Notes
REFERENCES IN TEXT
The first section of the Clayton Act, referred to in
subsec. (f)(1), is classified to section 12 of Title 15, Com-
merce and Trade, and section 53 of Title 29, Labor.
Section 5 of the Federal Trade Commission Act, re-
ferred to in subsec. (f)(
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 261
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