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35 U.S.C. § 151 — Issue of patent
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.
**(b) Effect of Payment.—** Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.
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Source location: Title 35, Chapter 14, § 151; chapter-014-issue-of-patent.md
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**(a) In General.—** If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.
**(b) Effect of Payment.—** Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.
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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
**(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
**(a) Under Secretary and Director.—**
(1) **In general.—** — The powers and duties of the United States Patent and Trademark Office shall be vested in an Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (in this title referred to as the “Director”), who shall be a citizen of the United States and who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be a person who has a professional background and experience in patent or trademark law.
(2) **Duties.—**
(A) *In general.—* — The Director shall be responsible for providing policy direction and management supervision for the Office and for the issuance of patents and the registration of trademarks. The Director shall perform these duties in a fair, impartial, and equitable manner.
(B) *Consulting with the public advisory committees.—* — The Director shall consult with the Patent Public Advisory Committee established in section 5 on a regular basis on matters relating to the patent operations of the Office, shall consult with the Trademark Public Advisory Committee established in section 5 on a regular basis on matters relating to the trademark operations of the Office, and shall consult with the respective Public Advisory Committee before submitting budgetary proposals to the Office of Management and Budget or changing or proposing to change patent or trademark user fees or patent or trademark regulations which are subject to the requirement to provide notice and opportunity for public comment under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), as the case may be.
(3) **Oath.—** — The Director shall, before takin
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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 69
TITLE 35—PATENTS
§ 153
Sept. 16, 2011, and applicable to proceedings commenced
on or after that effective date, see section 20(l) of Pub.
L. 112–29, set out as a note under section 2 of this title.
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 1984 AMENDMENT
Amendment by Pub. L. 98–622 effective three months
after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set
out as a note under section 41 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Proce-
dure.
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.
CHAPTER 14—ISSUE OF PATENT
Sec.
151.
Issue of patent.
152.
Issue of patent to assignee.
153.
How issued.
154.
Contents and term of patent; provisional
rights.
[155, 155A. Repealed.]
156.
Extension of patent term.
[157.
Repealed.]
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29, § 20(k), Sept. 16, 2011, 125 Stat.
335, struck out items 155 ‘‘Patent term extension’’ and
155A ‘‘Patent term restoration’’.
Pub. L. 112–29, § 3(e)(1), Sept. 16, 2011, 125 Stat. 287,
struck out item 157 ‘‘Statutory invention registra-
tion’’.
1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV,
§ 4507(6)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, inserted
‘‘; provisional rights’’ after ‘‘patent’’ in item 154.
1984—Pub. L. 98–622, title I, § 102(b), Nov. 8, 1984, 98
Stat
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 151
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