28 U.S.C. § 1745 — Copies of foreign patent documents

Page 455 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1746 tor 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 evi- dence with the same effect as the originals. Any person making application and paying the required fee may obtain such certified copies. (June 25, 1948, ch. 646, 62 Stat. 948; May 24, 1949, ch. 139, § 92(c), 63 Stat. 103; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(15)(B), (C)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584.) HISTORICAL AND REVISION NOTES Based on section 127 of title 15, U.S.C., 1940 ed., Com- merce and Trade, and title 28, U.S.C., 1940 ed., § 673 (R.S. § 892; Mar. 19, 1920, ch. 104, § 7, 41 Stat. 535; Mar. 4, 1925, ch. 535, § 2, 43 Stat. 1269). For purposes of uniformity, words ‘‘written or print- ed,’’ at the beginning of the section, were omitted. Similar sections in this chapter do not contain such words. Words ‘‘or in his name attested by a chief of division duly designated by the commissioner,’’ after ‘‘Commis- sioner of Patents,’’ were omitted as unnecessary. Changes in phraseology were made. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘United States Pat- ent and Trademark Office’’ for ‘‘Patent Office’’ wher- ever appearing in section catchline and text and in text substituted ‘‘Under Secretary of Commerce for Intel- lectual Property and Director of the United States Pat- ent and Trademark Office’’ for ‘‘Commissioner of Pat- ents’’ and ‘‘Director’’ for ‘‘Commissioner’’. 1949—Act May 24, 1949, substituted ‘‘patents’’ after ‘‘relating to’’ for ‘‘registered trade-marks, labels, or prints’’, and inserted ‘‘or by another officer of the Pat- ent Office authorized to do so by the Commissioner’’ after ‘‘Commissioner of Patents’’. 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 Title 35, Patents. § 1745. Copies of foreign patent documents Copies of the specifications and drawings of foreign letters patent, or applications for for- eign 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 are prima facie evidence of their contents and of the dates indicated on their face. (June 25, 1948, ch. 646, 62 Stat. 948, § 1746; renum- bered § 1745, May 24, 1949, ch. 139, § 92(e), 63 Stat. 103; Pub. L. 88–619, § 7(a), Oct. 3, 1964, 78 Stat. 996; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(16)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 674 (R.S. § 893). Changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 1745, act June 25, 1948, ch. 646, 62 Stat. 948, related to printed copies of patent specifications and drawings, prior to repeal by act May 24, 1949, ch. 139, § 92(d), 63 Stat. 103. AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘United States Pat- ent and Trademark Office’’ for ‘‘United States Patent Office’’. 1964—Pub. L. 88–619, among other changes, inserted ‘‘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 Office’’ in text, and substituted ‘‘documents’’ for ‘‘specifications and drawings’’ in sec- tion catchline. 1949—Act May 24, 1949, renumbered section 1746 of this title as this section. 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 Title 35, Patents. § 1746. Unsworn declarations under penalty of perjury Wherever, under any law of the United States or under any rule, regulation, order, or require- ment made pursuant to law, any matter is re- quired or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or af- fidavit, in writing of the person making the same (other than a deposition, or an oath of of- fice, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: ‘‘I declare (or certify, verify, or state) under pen- alty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)’’. (2) If executed within the United States, its territories, possessions, or commonwealths: ‘‘I declare (or certify, verify, or state) under pen- alty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’’. (Added Pub. L. 94–550, § 1(a), Oct. 18, 1976, 90 Stat. 2534.) Editorial Notes PRIOR PROVISIONS A prior section 1746 was renumbered section 1745 of this title. CHAPTER 117—EVIDENCE; DEPOSITIONS Sec. 1781. Transmittal of letter rogatory or request. 1782. Assistance to foreign and international tribu- nals and to litigants before such tribunals. 1783. Subpoena of person in foreign country. 1784. Contempt.