35 U.S.C. § 12 — Copies of patents and applications for pub-

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. 393). The first act mentioned applies to Canada only, the second to any country; these are consolidated in one section, specific reference to one country not being necessary. Language is changed. Editorial Notes PRIOR PROVISIONS A prior section 11 was renumbered section 10 of this title. AMENDMENTS 2020—Pub. L. 116–260 designated existing provisions as subsec. (a) and inserted heading, substituted ‘‘other than a USMCA country’’ for ‘‘other than a NAFTA country’’, and substituted subsec. (b) for former third sentence which read as follows: ‘‘For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in sec- tion 104(b).’’ 2002—Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amend- ment note below. Pub. L. 107–273, § 13205(2)(B), made technical correc- tion to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4808], in- serted at end ‘‘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 NAFTA country or a WTO member country, without the express authoriza- tion of the Secretary of Commerce. For purposes of this section, the terms ‘NAFTA country’ and ‘WTO member country’ have the meanings given those terms in sec- tion 104(b).’’ Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), sub- stituted ‘‘Director’’ for ‘‘Commissioner’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 12 of this title as this section. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(2)], as amended by Pub. L. 107–273, § 13205(2)(B), inserted ‘‘and applications’’ after ‘‘patents’’ in section catchline and ‘‘and published applications for patents’’ after ‘‘pat- ents’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of Title 19, Customs Duties. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4507(2)] of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applica- tions designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of 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. § 12. Copies of patents and applications for pub- lic libraries The Director may supply copies of specifica- tions and drawings of patents and published ap- plications 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 es- tablished for this purpose in section 41(d). (July 19, 1952, ch. 950, 66 Stat. 794, § 13; Pub. L. 97–247, § 15, Aug. 27, 1982, 96 Stat. 321; renumbered § 12 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(3), 4717(1), 4732(a)(10)(A), 4804(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, §§ 13205(2)(C), 13206(b)(1)(B), (3)(B), Nov. 2, 2002, 116 Stat. 1903, 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 78, part (R.S. 4934, Feb. 18, 1922, ch. 58, § 9, 42 Stat. 389, 393, amended June 15, 1950, ch. 249, 64 Stat. 215). The proviso in the schedule of fees of the existing statute is made a separate section and some changes in language are made. Editorial Notes PRIOR PROVISIONS A prior section 12 was renumbered section 11 of this title. AMENDMENTS 2011—Pub. L. 112–29 struck out ‘‘of this title’’ after ‘‘41(d)’’. Page 20 TITLE 35—PATENTS § 13 2002—Pub. L. 107–273, § 13206(b)(3)(B), amended direc- tory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(c)]. See 1999 Amendment note below. Pub. L. 107–273, § 13206(b)(1)(B), made technical correc- tion to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. Pub. L. 107–273, § 13205(2)(C), made technical correc- tion to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(3)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(c)], as amended by Pub. L. 107–273, § 13206(b)(3)(B), which di- rected amendment of section 12 of this title by sub- stituting ‘‘copies of specifications and drawings of pat- ents in printed or electronic form’’ for ‘‘printed copies of specifications and drawings of patents’’, was exe- cuted to this section, which was section 13 of this title, to reflect the probable intent of Congress. This section was subsequently renumbered section 12 of this title by Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]. See note above and Effective Date of 1999 Amendment note below. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), sub- stituted ‘‘Director’’ for ‘‘Commissioner’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 13 of this title as this section. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(3)], as amended by Pub. L. 107–273, § 13205(2)(C), inserted ‘‘and applications’’ after ‘‘patents’’ in section catchline and ‘‘and published applications for patents’’ after ‘‘pat- ents’’ in text. 1982—Pub. L. 97–247 substituted ‘‘section 41(d)’’ for ‘‘section 41(a)9’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–29 effective upon the expi- ration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4507(3)] of Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applica- tions designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. Amendment by section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of 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. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–247 effective Aug. 27, 1982, see section 17(a) of Pub. L. 97–247, set out as a note under section 41 of this title. § 13. Annual report to Congress 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 ex- aminers, the evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary of Commerce, the compensa- tion of the Commissioners, and other informa- tion relating to the Office. (July 19, 1952, ch. 950, 66 Stat. 794, § 14; renum- bered § 13 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4718], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, 1501A–581.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 20 (R.S. 494). Language is changed. The lists referred to in the cor- responding section of existing statute, and which are omitted from the revised section, are the indexes pro- vided for in section 11(a)4. The month of reporting is omitted. The report contemplated by R.S. 494 has been discontinued since 1925 under authority of 44 U.S.C., 1946 ed., § 212. Editorial Notes PRIOR PROVISIONS A prior section 13 was renumbered section 12 of this title. AMENDMENTS 1999—Pub. L. 106–113 renumbered section 14 of this title as this section and amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The Commissioner shall report to Congress an- nually the moneys received and expended, statistics concerning the work of the Office, and other informa- tion relating to the Office as may be useful to the Con- gress or the public.’’ 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. REPORT TO CONGRESS Pub. L. 100–703, title I, § 103(c), Nov. 19, 1988, 102 Stat. 4674, provided that: ‘‘The Secretary of Commerce shall, on the day on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Rep- resentatives— ‘‘(1) a list of patent and trademark fee collections by the Patent and Trademark Office during the pre- ceding fiscal year; ‘‘(2) a list of activities of the Patent and Trademark Office during the preceding fiscal year which were supported by patent fee expenditures, trademark fee expenditures, and appropriations; ‘‘(3) budget plans for significant programs, projects, and activities of the Office, including out-year fund- ing estimates; ‘‘(4) any proposed disposition of surplus fees by the Office; and ‘‘(5) such other information as the committees con- sider necessary.’’ Similar provisions were contained in the following prior authorization act: Pub. L. 99–607, § 3(c), Nov. 6, 1986, 100 Stat. 3471. COMPUTERIZED DATA AND RETRIEVAL SYSTEM; REPORT TO CONGRESS Pub. L. 96–517, § 9, Dec. 12, 1980, 94 Stat. 3028, directed the Commissioner of Patents and Trademarks to report to Congress, within two years after Dec. 12, 1980, a plan to identify, and if necessary develop or have developed, computerized data and retrieval systems equivalent to the latest state of the art which could be applied to all aspects of the operation of the Patent and Trademark Office, and particularly to the patent search file, the patent classification system, and the trademark search file. The report was to specify the cost of implementing the plan, and how rapidly the plan could be imple- mented by the Patent and Trademark Office, without regard to the availability of future funding.