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35 U.S.C. § 27 — Revival of applications; reinstatement of reexamination proceedings
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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Stable record: federal_law:legal_authorities:record_usc_75b8e81fd2d8600d684386ca
Source file: Laws/federal/codes/united-states-code/title-35/section-27-revival-of-applications-reinstatement-of-reexamination-proceedings--c4b9854062.md
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Passage SHA-256: e16047216c9295043e525bf6f9d52d0e62ff1c7602276ce94cf7de845c136330
Source location: Title 35, Chapter 2, § 27; chapter-002-proceedings-in-the-patent-and-trademark-office.md
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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.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Written application.—** — An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director.
(2) **Contents.—** — Such application shall include—
(A) a specification as prescribed by section 112;
(B) a drawing as prescribed by section 113; and
(C) an oath or declaration as prescribed by section 115.
(3) **Fee, oath or declaration, and claims.—** — The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned.
(4) **Filing date.—** — The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.
**(b) Provisional Application.—**
(1) **Authorization.—** — A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Director. Such application shall include—
(A) a specification as prescribed by section 112(a); and
(B) a drawing as prescribed by section 113.
(2) **Claim.—** — A claim, as required by subsections (b) through (e) of section 112, shall not be required in a provisional application.
(3) **Fee.—** — The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country which affords similar privileges in the case of applications filed in the United States or to citizens of the United States, or in a WTO member country, shall have the same effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within 12 months from the earliest date on which such foreign application was filed. The Director may prescribe regulations, including the requirement for payment of the fee specified in section 41(a)(7), pursuant to which the 12-month period set forth in this subsection may be extended by an additional 2 months if the delay in filing the application in this country within the 12-month period was unintentional.
**(b)**
(1) No application for patent shall be entitled to this right of priority unless a claim is filed in the Patent and Trademark Office, identifying the foreign application by specifying the application number on that foreign application, the intellectual property authority or country in or for which the application was filed, and the date of filing the application, at such time during the pendency of the application as required by the Director.
(2) The Director may consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed claim
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 119
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Federal law — U.S. Code and appendices · legal_authorities
An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385, which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application. No application shall be entitled to the benefit of an earlier filed application under this section unless an amendment containing the specific reference to the earlier filed application is submitted at such time during the pendency of the application as required by the Director. The Director may consider the failure to submit such an amendment within that time period as a waiver of any benefit under this section. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed submission of an amendment under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 120
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Confidentiality.—** Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.
**(b) Publication.—**
(1) **In general.—**
(A) Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.
(B) No information concerning published patent applications shall be made available to the public except as the Director determines.
(C) Notwithstanding any other provision of law, a determination by the Director to release or not to release information concerning a published patent application shall be final and nonreviewable.
(2) **Exceptions.—**
(A) An application shall not be published if that application is—
(i) no longer pending;
(ii) subject to a secrecy order under section 181;
(iii) a provisional application filed under section 111(b); or
(iv) an application for a design patent filed under chapter 16.
(B)
(i) If an applicant makes a request upon filing, certifying that the invention disclosed in the application has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing, the application shall not be
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 122
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Federal law — U.S. Code and appendices · legal_authorities
Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.
**(b) Applicability of This Title.—** The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.
**(c) Filing Date.—** The filing date of an application for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 171
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 261
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications.
**(b)** The Patent and Trademark Office shall perform all acts connected with the discharge of duties required of a Receiving Office, including the collection of international fees and their transmittal to the International Bureau.
**(c)** International applications filed in the Patent and Trademark Office shall be filed in the English language, or an English translation shall be filed within such later time as may be fixed by the Director.
**(d)** The international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall either be paid on filing of an international application or within such later time as may be fixed by the Director.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 361
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** International applications shall be processed by the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, in accordance with the applicable provisions of the treaty, the Regulations, and this title.
**(b)** An applicant’s failure to act within prescribed time limits in connection with requirements pertaining to an international application may be excused as provided in the treaty and the Regulations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 364
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