35 U.S.C. § 151 — Issue of patent

Page 69 TITLE 35—PATENTS § 153 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 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 1984 AMENDMENT Amendment by Pub. L. 98–622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set out as a note under section 41 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. 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. CHAPTER 14—ISSUE OF PATENT Sec. 151. Issue of patent. 152. Issue of patent to assignee. 153. How issued. 154. Contents and term of patent; provisional rights. [155, 155A. Repealed.] 156. Extension of patent term. [157. Repealed.] Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 20(k), Sept. 16, 2011, 125 Stat. 335, struck out items 155 ‘‘Patent term extension’’ and 155A ‘‘Patent term restoration’’. Pub. L. 112–29, § 3(e)(1), Sept. 16, 2011, 125 Stat. 287, struck out item 157 ‘‘Statutory invention registra- tion’’. 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(6)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, inserted ‘‘; provisional rights’’ after ‘‘patent’’ in item 154. 1984—Pub. L. 98–622, title I, § 102(b), Nov. 8, 1984, 98 Stat. 3384, added item 157. Pub. L. 98–417, title II, § 201(b), Sept. 24, 1984, 98 Stat. 1602, added item 156. 1983—Pub. L. 98–127, § 4(b), Oct. 13, 1983, 97 Stat. 833, added item 155A. Pub. L. 97–414, § 11(b), Jan. 4, 1983, 96 Stat. 2066, added item 155. 1965—Pub. L. 89–83, § 6, July 24, 1965, 79 Stat. 261, sub- stituted ‘‘Issue of patent’’ for ‘‘Time of issue of patent’’ in item 151. § 151. Issue of patent (a) IN GENERAL.—If it appears that an appli- cant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter. (b) EFFECT OF PAYMENT.—Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be re- garded as abandoned. (Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.) Editorial Notes PRIOR PROVISIONS A prior section 151, act July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 89–83, § 4, July 24, 1965, 79 Stat. 260; Pub. L. 93–601, § 3, Jan. 2, 1975, 88 Stat. 1956; 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, related to issue of patent, prior to repeal by Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that date and patent applications pending on or filed after that date, and not effective with respect to pat- ents in litigation commenced before that date, see sec- tion 203 of Pub. L. 112–211, set out as a note under sec- tion 27 of this title. § 152. Issue of patent to assignee Patents may be granted to the assignee of the inventor of record in the Patent and Trademark Office, upon the application made and the speci- fication sworn to by the inventor, except as oth- erwise provided in this title. (July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 44 (R.S. 4895). Language is changed and the reference to reissue is omitted in view of the general provision in section 251. Editorial Notes AMENDMENTS 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries 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. § 153. How issued Patents shall be issued in the name of the United States of America, under the seal of the Patent and Trademark Office, and shall be signed by the Director or have his signature placed thereon and shall be recorded in the Pat- ent and Trademark Office. (July 19, 1952, ch. 950, 66 Stat. 804; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; 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, §§ 13203(c), 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1902, 1906.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 39 (R.S. 4883, amended (1) Feb. 18, 1888, ch. 15, 25 Stat. 40, (2) April 11, 1903, ch. 417, 32 Stat. 95, (3) Feb. 18, 1922, ch. 58, § 5, 42 Stat. 391). The phrases referring to the attesting officers and to the recording of the patents are broadened.