35 U.S.C. § 171 — Patents for designs

Page 82 TITLE 35—PATENTS § 171 with respect to plants (1) to furnish available in- formation of the Department of Agriculture, (2) to conduct through the appropriate bureau or di- vision of the Department research upon special problems, or (3) to detail to the Director officers and employees of the Department. (July 19, 1952, ch. 950, 66 Stat. 804; 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., § 56a (May 23, 1930, ch. 312, § 4, 46 Stat. 376). Language is changed. 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Agriculture, with cer- tain exceptions, to Secretary of Agriculture, with power to delegate, see Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. CHAPTER 16—DESIGNS Sec. 171. Patents for designs. 172. Right of priority. 173. Term of design patent. § 171. Patents for designs (a) IN GENERAL.—Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, sub- ject to the conditions and requirements of this title. (b) APPLICABILITY OF THIS TITLE.—The provi- sions of this title relating to patents for inven- tions shall apply to patents for designs, except as otherwise provided. (c) FILING DATE.—The filing date of an applica- tion for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed. (July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 112–211, title II, § 202(a), Dec. 18, 2012, 126 Stat. 1535.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 73 (R.S. 4929, amended (1) May 9, 1902, ch. 783, 32 Stat. 193, (2) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212; R.S. 4933). The list of conditions specified in the corresponding section of existing statute is omitted as unnecessary in view of the general inclusion of all conditions applying to other patents. Language is changed. Editorial Notes AMENDMENTS 2012—Pub. L. 112–211 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litiga- tion commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title. § 172. Right of priority The right of priority provided for by sub- sections (a) through (d) of section 119 shall be six months in the case of designs. The right of priority provided for by section 119(e) shall not apply to designs. (July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 103–465, title V, § 532(c)(2), Dec. 8, 1994, 108 Stat. 4987; Pub. L. 112–29, §§ 3(g)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 32, part (R.S. 4887, amended (1) Mar. 3, 1903, ch. 1019, § 1, 32 Stat. 1225, 1226, (2) June 19, 1936, ch. 594, 49 Stat. 1529, (3) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212). This provision is taken from R.S. 4887 (see section 119) and made a separate section. Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 20(j), struck out ‘‘of this title’’ after ‘‘119’’ and after ‘‘119(e)’’. Pub. L. 112–29, § 3(g)(1), struck out ‘‘and the time spec- ified in section 102(d)’’ before ‘‘shall be six months’’. 1994—Pub. L. 103–465 substituted ‘‘subsections (a) through (d) of section 119’’ for ‘‘section 119’’ and in- serted at end ‘‘The right of priority provided for by sec- tion 119(e) of this title shall not apply to designs.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by section 3(g)(1) of Pub. L. 112–29 effec- tive upon the expiration of the 18-month period begin- ning on Sept. 16, 2011, and applicable to certain applica- tions for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration 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 1994 AMENDMENT Amendment by Pub. L. 103–465 effective 6 months after Dec. 8, 1994, and applicable to all patent applica- tions filed in the United States on or after that effec-