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35 U.S.C. § 21 — Filing date and day for taking action
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.
**(b)** When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding secular or business day.
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Stable record: federal_law:legal_authorities:record_usc_dd64d5084efeefcf3fcee3a4
Source file: Laws/federal/codes/united-states-code/title-35/section-21-filing-date-and-day-for-taking-action--0e720c54c3.md
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Source location: Title 35, Chapter 2, § 21; chapter-002-proceedings-in-the-patent-and-trademark-office.md
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**(a)** The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.
**(b)** When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding secular or business day.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration. Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract.
**(b)** Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.
**(c)** An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person. The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration. Any such modification shall govern the rights and obligations between such parties from the date of such modification.
**(d)** When an award is made by an arbitrator, the patentee, his assignee or licensee shall give notice thereof in writing to the Director. There shall be a separate notice prepared for each patent involved in such proceeding. Such notice shall set forth the names and add
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 294
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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”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
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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
Page 21
TITLE 35—PATENTS
§ 22
[§ 14. Renumbered § 13]
CHAPTER 2—PROCEEDINGS IN THE PATENT
AND TRADEMARK OFFICE
Sec.
21.
Filing date and day for taking action.
22.
Printing of papers filed.
23.
Testimony in Patent and Trademark Office
cases.
24.
Subpoenas, witnesses.
25.
Declaration in lieu of oath.
26.
Effect of defective execution.
27.
Revival of applications; reinstatement of re-
examination proceedings.
28.
Award of certificates to accelerate certain
matters at the Patent and Trademark Of-
fice.
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–245, § 2(c), Dec. 20, 2022, 136 Stat. 2344,
added item 28.
2012—Pub. L. 112–211, title II, § 201(b)(2), Dec. 18, 2012,
126 Stat. 1534, added item 27.
2002—Pub. L. 107–273, div. C, title III, § 13206(a)(5), Nov.
2, 2002, 116 Stat. 1904, substituted ‘‘Filing date and day
for taking action’’ for ‘‘Day for taking action falling on
Saturday, Sunday, or holiday’’ in item 21.
1975—Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949, sub-
stituted ‘‘Patent and Trademark Office’’ for ‘‘Patent
Office’’ in chapter heading and in item 23.
1964—Pub. L. 88–292, § 2, Mar. 26, 1964, 78 Stat. 171,
added items 25 and 26.
§ 21. Filing date and day for taking action
(a) The Director may by rule prescribe that
any paper or fee required to be filed in the Pat-
ent and Trademark Office will be considered
filed in the Office on the date on which it was
deposited with the United States Postal Service
or would have been deposited with the United
States Postal Service but for postal service
interruptions or emergencies designated by the
Director.
(b) When the day, or the last day, for taking
any action or paying any fee in the United
States Patent and Trademark Office falls on
Saturday, Sunday, or a Federal holiday w
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 21
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