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35 U.S.C. § 133 — Time for prosecuting application
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.
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Source location: Title 35, Chapter 12, § 133; chapter-012-examination-of-application.md
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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.
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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.
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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
Page 60
TITLE 35—PATENTS
§ 132
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L.
106–113,
div.
B,
§ 1000(a)(9)
[title
IV,
§ 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536,
1501A–582; Pub. L. 107–273, div. C, title III,
§ 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., § 36 (R.S. 4893).
The first part is revised in language and amplified.
The phrase ‘‘and that the invention is sufficiently use-
ful and important’’ is omitted as unnecessary, the re-
quirements for patentability being stated in sections
101, 102 and 103.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273 made technical correction to di-
rectory language of Pub. L. 106–113. See 1999 Amend-
ment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273,
substituted ‘‘Director’’ for ‘‘Commissioner’’ in two
places.
Statutory Notes and Related Subsidiaries
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.
PRE-PROSECUTION ASSESSMENT PILOT PROGRAM
Pub. L. 117–328, div. W, § 106, Dec. 29, 2022, 136 Stat.
5521, provided that:
‘‘(a) PILOT PROGRAM.—Not later than 1 year after the
date of enactment of this Act [Dec. 29, 2022], the Direc-
tor shall establish a pilot program to assist first-time
prospective
patent
applicants
in
assessing
the
strengths and weaknesses of a potential patent applica-
tion submitted by such a prospective applicant.
‘‘(b) CONSIDERATIONS.—In developing the pilot pro-
gram required under subsection (a), the Director shall
establish—
‘‘(1) a notification process to notify a prospective
patent applicant seeking an assessment describe
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