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35 U.S.C. § 157 — Repealed. Pub. L. 112–29, § 3(e)(1), Sept. 16, 2011, 125 Stat. 287]

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 157 — Repealed. Pub. L. 112–29, § 3(e)(1), Sept. 16, 2011, 125 Stat. 287]

### Statutory Notes Section, added Pub. L. 98–622, title I, § 102(a), Nov. 8, 1984, 98 Stat. 3383; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A), (11)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, 1501A–583; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335, related to statutory invention registration. #### Effective Date of Repeal Repeal effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to any request for a statutory invention registration filed on or after that effective date, see section 3(e)(3) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section111&num=0&edition=prelim).

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Source location: Title 35, Chapter 14, § 157; chapter-014-issue-of-patent.md

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 111 — Application

**(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

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 1 — Establishment

**(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

35 U.S.C. § 103 — Conditions for patentability; non-obvious subject matter

A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 157 — Untitled legal text

Page 80 TITLE 35—PATENTS [§ 157 Commissioner of the determination, and shall publish in the Federal Register a notice of such determina- tion.’’ Subsec. (d)(2)(B). Pub. L. 100–670, § 201(f), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘(i) If a petition is submitted to the Secretary under subparagraph (A), not later than one hundred and eighty days after the publication of the determination under subparagraph (A), upon which it may reasonably be determined that the applicant did not act with due diligence during the applicable regulatory review pe- riod, the Secretary shall, in accordance with regula- tions promulgated by the Secretary determine if the applicant acted with due diligence during the applica- ble regulatory review period. The Secretary shall make such determination not later than ninety days after the receipt of such a petition. The Secretary may not delegate the authority to make the determination pre- scribed by this subparagraph to an office below the Of- fice of the Commissioner of Food and Drugs. ‘‘(ii) The Secretary shall notify the Commissioner of the determination and shall publish in the Federal Reg- ister a notice of such determination together with the factual and legal basis for such determination. Any in- terested person may request, within the sixty-day pe- riod beginning on the publication of a determination, the Secretary to hold an informal hearing on the deter- mination. If such a request is made within such period, the Secretary shall hold such hearing not later than thirty days after the date of the request, or at the re- quest of the person making the request, not later than sixty days after such date. The Secretary shall provide notice of the hearing to the owner of the patent

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