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35 U.S.C. § 101 — Inventions patentable
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source location: Title 35, Chapter 10, § 101; chapter-010-patentability-of-inventions.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the provisions of this chapter, a person who is not the owner of a patent may file with the Office a petition to institute a post-grant review of the patent. The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the post-grant review.
**(b) Scope.—** A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).
**(c) Filing Deadline.—** A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).
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Federal law — U.S. Code and appendices · legal_authorities
Page 41
TITLE 35—PATENTS
§ 102
‘‘(b) APPLICABILITY OF AMENDMENTS.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2), the
amendments made by this title shall apply only to
international design applications, international ap-
plications, and national applications filed on and
after the effective date set forth in subsection (a),
and patents issuing thereon.
‘‘(2) EXCEPTION.—Sections 100(i) and 102(d) of title
35, United States Code, as amended by this title, shall
not apply to an application, or any patent issuing
thereon, unless it is described in section 3(n)(1) of the
Leahy-Smith America Invents Act [Pub. L. 112–29] (35
U.S.C. 100 note).
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) the terms ‘treaty’ and ‘international design ap-
plication’ have the meanings given those terms in
section 381 of title 35, United States Code, as added by
this title;
‘‘(2) the term ‘international application’ has the
meaning given that term in section 351(c) of title 35,
United States Code; and
‘‘(3) the term ‘national application’ means ‘national
application’ within the meaning of chapter 38 of title
35, United States Code, as added by this title.’’
EFFECTIVE DATE OF 2011 AMENDMENT; SAVINGS
PROVISIONS
Pub. L. 112–29, § 3(n), Sept. 16, 2011, 125 Stat. 293, pro-
vided that:
‘‘(1) IN
GENERAL.—Except as otherwise provided in
this section [amending this section and sections 32, 102,
103, 111, 119, 120, 134, 135, 145, 146, 154, 172, 202, 287, 291,
305, 363, 374, and 375 of this title, repealing sections 104
and 157 of this title, and enacting provisions set out as
notes under sections 32, 102, and 111 of this title], the
amendments made by this section shall take effect
upon the expiration of the 18-month period beginning
on the date of the enactment of this Ac
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 101
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