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35 U.S.C. § 12 — Copies of patents and applications for public libraries
Federal law — U.S. Code and appendices · legal_authorities
The Director may supply copies of specifications and drawings of patents and published applications for patents in printed or electronic form to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year’s issue established for this purpose in section 41(d).
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Source file: Laws/federal/codes/united-states-code/title-35/section-12-copies-of-patents-and-applications-for-public-libraries--eb045432b0.md
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Source location: Title 35, Chapter 1, § 12; chapter-001-establishment-officers-and-employees-functions.md
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The Director may supply copies of specifications and drawings of patents and published applications for patents in printed or electronic form to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year’s issue established for this purpose in section 41(d).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director may publish in printed, typewritten, or electronic form, the following:1. Patents and published applications for patents, including specifications and drawings, together with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photolithography. 2. Certificates of trade-mark registrations, including statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and Trademark Office. 4. Annual indexes of patents and patentees, and of trade-marks and registrants. 5. Annual volumes of decisions in patent and trade-mark cases. 6. Pamphlet copies of the patent laws and rules of practice, laws and rules relating to trade-marks, and circulars or other publications relating to the business of the Office.
**(b)** The Director may exchange any of the publications specified in items 3, 4, 5, and 6 of subsection (a) of this section for publications desirable for the use of the Patent and Trademark Office.
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Federal law — U.S. Code and appendices · legal_authorities
The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to examiners, the evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary of Commerce, the compensation of the Commissioners, and other information relating to the Office.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Director may exchange copies of specifications and drawings of United States patents and published applications for patents for those of foreign countries. The Director shall not enter into an agreement to provide such copies of specifications and drawings of United States patents and applications to a foreign country, other than a USMCA country or a WTO member country, without the express authorization of the Secretary of Commerce.
**(b) Definitions.—** In this section—
(1) the term “USMCA country” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act ([19 U.S.C. 4502](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)); and
(2) the term “WTO member country” has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act ([19 U.S.C. 3501(10)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/10&num=0&edition=prelim)).
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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) In General.—** The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce—
(1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and
(2) shall be responsible for disseminating to the public information with respect to patents and trademarks.
**(b) Specific Powers.—** The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated;
(2) may establish regulations, not inconsistent with law, which—
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications;
(D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office;
(E) shall recognize the public interest in continuing to safeguard broad access to the United States patent sys
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 19
TITLE 35—PATENTS
§ 12
Pub. L. 106–113, set out as a note under section 1 of this
title.
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.
§ 11. Exchange of copies of patents and applica-
tions with foreign countries
(a) IN GENERAL.—The Director may exchange
copies of specifications and drawings of United
States patents and published applications for
patents for those of foreign countries. The Di-
rector shall not enter into an agreement to pro-
vide such copies of specifications and drawings
of United States patents and applications to a
foreign country, other than a USMCA country
or a WTO member country, without the express
authorization of the Secretary of Commerce.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘USMCA country’’ has the
meaning given that term in section 3 of the
United States-Mexico-Canada Agreement Im-
plementation Act (19 U.S.C. 4502); and
(2) the term ‘‘WTO member country’’ has the
meaning given that term in section 2(10) of the
Uruguay Round Agreements Act (19 U.S.C.
3501(10)).
(July 19, 1952, ch. 950, 66 Stat. 794, § 12; renum-
bered § 11 and amended Pub. L. 106–113, div. B,
§ 1000(a)(9)
[title
IV,
§§ 4507(2),
4717(1),
4732(a)(10)(A), 4808], Nov. 29, 1999, 113 Stat. 1536,
1501A–565, 1501A–580, 1501A–582, 1501A–591; Pub. L.
107–273,
div.
C,
title
III,
§§ 13205(2)(B),
13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1903, 1906;
Pub. L. 116–260, div. O, title VI, § 602(d), Dec. 27,
2020, 134 Stat. 2153.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., §§ 15, and 78, part
(Jan. 14, 1915, 38 Stat. 1221; Feb. 18, 1922, ch. 58, § 9, pro-
viso in, 42 Stat. 39
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 12
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