35 U.S.C. § 28 — Award of certificates to accelerate certain

Page 23 TITLE 35—PATENTS § 28 Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–273 made technical cor- rection to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted ‘‘Director’’ for ‘‘Commissioner’’ in two places. 1975—Subsec. (a). Pub. L. 93–596 substituted ‘‘Patent and Trademark Office’’ for ‘‘Patent Office’’. 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. 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. § 26. Effect of defective execution Any document to be filed in the Patent and Trademark Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accept- ed by the Director despite a defective execution, provided a properly executed document is sub- mitted within such time as may be prescribed. (Added Pub. L. 88–292, § 1, Mar. 26, 1964, 78 Stat. 171; amended 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, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) 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’’. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. 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. 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. § 27. Revival of applications; reinstatement of re- examination proceedings The Director may establish procedures, in- cluding the requirement for payment of the fee specified in section 41(a)(7), to revive an unin- tentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an un- intentionally delayed response by the patent owner in a reexamination proceeding, upon peti- tion by the applicant for patent or patent owner. (Added Pub. L. 112–211, title II, § 201(b)(1), Dec. 18, 2012, 126 Stat. 1534.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–211, title II, § 203, Dec. 18, 2012, 126 Stat. 1536, provided that: ‘‘(a) IN GENERAL.—The amendments made by this title [enacting this section and section 151 of this title, amending sections 41, 111, 119, 120, 122, 133, 171, 261, 361, 364, 365, and 371 of this title, and repealing section 151 of this title]— ‘‘(1) shall take effect on the date that is 1 year after the date of the enactment of this Act [Dec. 18, 2012]; and ‘‘(2) shall apply to— ‘‘(A) any patent issued before, on, or after the ef- fective date set forth in paragraph (1); and ‘‘(B) any application for patent that is pending on or filed after the effective date set forth in para- graph (1). ‘‘(b) EXCEPTIONS.— ‘‘(1) SECTION 201(a).—The amendments made by sec- tion 201(a) [amending section 111 of this title] shall apply only to applications that are filed on or after the effective date set forth in subsection (a)(1). ‘‘(2) PATENTS IN LITIGATION.—The amendments made by this title shall have no effect with respect to any patent that is the subject of litigation in an ac- tion commenced before the effective date set forth in subsection (a)(1).’’ § 28. Award of certificates to accelerate certain matters at the Patent and Trademark Office (a) DEFINITION.—In this section, the term ‘‘eli- gible entity’’ means an entity that— (1) submits an application under subsection (d) for a patent that addresses a humanitarian issue; and (2) meets the requirements specified by the Director. (b) ESTABLISHMENT.—There is established a competition, to be held not less frequently than biennially, to award eligible entities certificates that can be redeemed to accelerate one of the following matters: (1) An ex parte reexamination proceeding, including 1 appeal to the Patent Trial and Ap- peal Board from that proceeding. (2) An application for a patent, including 1 appeal to the Patent Trial and Appeal Board from that application. (3) An appeal to the Patent Trial and Appeal Board of a claim twice rejected in a patent ap- plication or reissue application or finally re- jected in an ex parte reexamination, without accelerating the underlying matter that gen- erated the appeal. (4) A matter identified by the Director. (c) ADMINISTRATION.—The Director shall ad- minister the competition established under sub- section (b). (d) APPLICATION.—An entity seeking an award under subsection (b) shall submit to the Direc- tor an application at such time, in such manner, and containing such information as the Director may require. (e) PROMOTION OF COMPETITION.—The Director shall promote the competition established under Page 24 TITLE 35—PATENTS [§ 31 subsection (b) through the satellite offices es- tablished pursuant to section 1. (f) TREATMENT AS SUCCESSOR.—The competi- tion established under subsection (b) shall be treated as a successor to the Patents for Human- ity Program (established in the notice entitled ‘‘Humanitarian Awards Pilot Program’’, pub- lished at 77 Fed. Reg. 6544 (February 8, 2012)). (Added Pub. L. 117–245, § 2(a), Dec. 20, 2022, 136 Stat. 2343.) Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Pub. L. 117–245, § 2(b), Dec. 20, 2022, 136 Stat. 2344, pro- vided that: ‘‘Nothing in this section [enacting this sec- tion], or the amendments made by this section, may be construed as affecting any action taken by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office before the date of enactment of this Act [Dec. 20, 2022] with respect to the administration of the Patents for Humanity Program established in the notice enti- tled ‘Humanitarian Awards Pilot Program’, published at 77 Fed. Reg. 6544 (February 8, 2012).’’ CHAPTER 3—PRACTICE BEFORE PATENT AND TRADEMARK OFFICE Sec. [31. Repealed.] 32. Suspension or exclusion from practice. 33. Unauthorized representation as practitioner. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, struck out item 31 ‘‘Regulations for agents and attorneys’’. 1975—Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949, sub- stituted ‘‘PATENT AND TRADEMARK OFFICE’’ for ‘‘PATENT OFFICE’’ in chapter heading. [§ 31. Repealed. Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580] Section, acts July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949, authorized the Commissioner to prescribe regulations for agents and attorneys. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 4 months after Nov. 29, 1999, see sec- tion 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under sec- tion 1 of this title. § 32. Suspension or exclusion from practice The Director may, after notice and oppor- tunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Of- fice, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D), or who shall, by word, circular, letter, or adver- tising, with intent to defraud in any manner, de- ceive, mislead, or threaten any applicant or pro- spective applicant, or other person having im- mediate or prospective business before the Of- fice. The reasons for any such suspension or ex- clusion shall be duly recorded. The Director shall have the discretion to designate any attor- ney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. A pro- ceeding under this section shall be commenced not later than the earlier of either the date that is 10 years after the date on which the mis- conduct forming the basis for the proceeding oc- curred, or 1 year after the date on which the misconduct forming the basis for the proceeding is made known to an officer or employee of the Office as prescribed in the regulations estab- lished under section 2(b)(2)(D). The United States District Court for the Eastern District of Virginia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the peti- tion of the person so refused recognition or so suspended or excluded. (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4715(c), 4719, 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580 to 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 3(k)(1), 9(a), 20(j), Sept. 16, 2011, 125 Stat. 291, 316, 335.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 11 (R.S. 487, amended Feb. 18, 1922, ch. 58, § 3, 42 Stat. 390). See note under section 31. Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 20(j), struck out ‘‘of this title’’ after ‘‘2(b)(2)(D)’’ the first time appearing. Pub. L. 112–29, § 9(a), substituted ‘‘United States Dis- trict Court for the Eastern District of Virginia’’ for ‘‘United States District Court for the District of Co- lumbia’’. Pub. L. 112–29, § 3(k)(1), inserted before the last sen- tence ‘‘A proceeding under this section shall be com- menced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or 1 year after the date on which the misconduct forming the basis for the proceeding is made known to an officer or employee of the Office as prescribed in the regulations established under section 2(b)(2)(D).’’ 2002—Pub. L. 107–273 made technical correction to di- rectory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, sub- stituted ‘‘Director’’ for ‘‘Commissioner’’ in first and last sentences. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4719], inserted before last sentence ‘‘The Director shall have the dis- cretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section.’’ Pub. L. 106–113, § 1000(a)(9) [title IV, § 4715(c)], sub- stituted ‘‘2(b)(2)(D)’’ for ‘‘31’’. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–29, § 3(k)(3), Sept. 16, 2011, 125 Stat. 291, provided that: ‘‘The amendment made by paragraph (1)