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28 U.S.C. § 1744 — Copies of United States Patent and Trademark Office documents, generally
Federal law — U.S. Code and appendices · legal_authorities
Copies of letters patent or of any records, books, papers, or drawings belonging to the United States Patent and Trademark Office and relating to patents, authenticated under the seal of the United States Patent and Trademark Office and certified by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, or by another officer of the United States Patent and Trademark Office authorized to do so by the Director, shall be admissible in evidence with the same effect as the originals.
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Source location: Title 28, Chapter 115, § 1744; chapter-115-evidence-documentary.md
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Copies of letters patent or of any records, books, papers, or drawings belonging to the United States Patent and Trademark Office and relating to patents, authenticated under the seal of the United States Patent and Trademark Office and certified by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, or by another officer of the United States Patent and Trademark Office authorized to do so by the Director, shall be admissible in evidence with the same effect as the originals.
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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
Copies of the specifications and drawings of foreign letters patent, or applications for foreign letters patent, and copies of excerpts of the official journals and other official publications of foreign patent offices belonging to the United States Patent and Trademark Office, certified in the manner provided by [section 1744 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1744&num=0&edition=prelim) are prima facie evidence of their contents and of the dates indicated on their face.
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Federal law — U.S. Code and appendices · legal_authorities
Page 454
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1740
Words ‘‘and its Territories and Possessions’’ were
added after ‘‘United States’’, near the end of the sec-
tion, in view of provisions of section 688 of title 28,
U.S.C., 1940 ed., for the admission of records and books
in any court or office in any other State, Territory, or
‘‘in any such country.’’ (Changed to ‘‘Possession’’ in
this section.)
See also Rule 44 of the Federal Rules of Civil Proce-
dure.
Changes were made in phraseology.
§ 1740. Copies of consular papers
Copies of all official documents and papers in
the office of any consul or vice consul of the
United States, and of all official entries in the
books or records of any such office, authenti-
cated by the consul or vice consul, shall be ad-
missible equally with the originals.
(June 25, 1948, ch. 646, 62 Stat. 947.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 677 (R.S. § 896; Apr.
5, 1906, ch. 1366, § 3, 34 Stat. 100).
Words ‘‘authenticated by the consul or vice consul’’
were substituted for ‘‘certified under the hand and seal
of such officer’’, for clarity. Words ‘‘in the courts of the
United States’’, were omitted after ‘‘admissible’’. Such
papers should be so admitted in all courts consistently
with sections 1738 and 1739 of this title.
See also Rule 44 of the Federal Rules of Civil Proce-
dure.
Changes were made in phraseology.
§ 1741. Foreign official documents
An official record or document of a foreign
country may be evidenced by a copy, summary,
or excerpt authenticated as provided in the Fed-
eral Rules of Civil Procedure.
(June 25, 1948, ch. 646, 62 Stat. 948; May 24, 1949,
ch. 139, § 92(b), 63 Stat. 103; Pub. L. 88–619, § 5(a),
Oct. 3, 1964, 78 Stat. 996.)
HISTORICAL AND REVISION N
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