35 U.S.C. § 104 — Untitled legal text

Page 45 TITLE 35—PATENTS § 105 supplying, or causing to be supplied, of any component or components of a patented invention after the date of enactment of this Act [Nov. 8, 1984]. ‘‘(d) No United States patent granted before the date of enactment of this Act [Nov. 8, 1984] shall abridge or affect the right of any person or his successors in busi- ness who made, purchased, or used prior to such effec- tive date anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used, if the patent claims were invalid or otherwise unenforceable on a ground obviated by section 103 or 104 of this Act [amending this section and sections 116 and 120 of this title] and the person made, purchased, or used the spe- cific thing in reasonable reliance on such invalidity or unenforceability. If a person reasonably relied on such invalidity or unenforceability, the court before which such matter is in question may provide for the contin- ued manufacture, use, or sale of the thing made, pur- chased, or used as specified, or for the manufacture, use, or sale of which substantial preparation was made before the date of enactment of this Act, and it may also provide for the continued practice of any process practiced, or for the practice of which substantial prep- aration was made, prior to the date of enactment, to the extent and under such terms as the court deems eq- uitable for the protection of investments made or busi- ness commenced before the date of enactment. ‘‘(e) The amendments made by this Act shall not af- fect the right of any party in any case pending in court on the date of enactment [Nov. 8, 1984] to have their rights determined on the basis of the substantive law in effect prior to the date of enactment.’’ [§ 104. Repealed. Pub. L. 112–29, § 3(d), Sept. 16, 2011, 125 Stat. 287] Section, act July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 94–131, § 6, Nov. 14, 1975, 89 Stat. 691; Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–182, title III, § 331, Dec. 8, 1993, 107 Stat. 2113; Pub. L. 103–465, title V, § 531(a), Dec. 8, 1994, 108 Stat. 4982; 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; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335, related to inventions made abroad. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to cer- tain applications 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. § 105. Inventions in outer space (a) Any invention made, used or sold in outer space on a space object or component thereof under the jurisdiction or control of the United States shall be considered to be made, used or sold within the United States for the purposes of this title, except with respect to any space ob- ject or component thereof that is specifically identified and otherwise provided for by an international agreement to which the United States is a party, or with respect to any space object or component thereof that is carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space. (b) Any invention made, used or sold in outer space on a space object or component thereof that is carried on the registry of a foreign state in accordance with the Convention on Registra- tion of Objects Launched into Outer Space, shall be considered to be made, used or sold within the United States for the purposes of this title if specifically so agreed in an international agreement between the United States and the state of registry. (Added Pub. L. 101–580, § 1(a), Nov. 15, 1990, 104 Stat. 2863.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; SPECIAL RULES Pub. L. 101–580, § 2, Nov. 15, 1990, 104 Stat. 2863, pro- vided that: ‘‘(a) EFFECTIVE DATE.—Subject to subsections (b), (c), and (d) of this section, the amendments made by the first section of this Act [enacting this section] shall apply to all United States patents granted before, on, or after the date of enactment of this Act [Nov. 15, 1990], and to all applications for United States patents pending on or filed on or after such date of enactment. ‘‘(b) FINAL DECISIONS.—The amendments made by the first section of this Act [enacting this section] shall not affect any final decision made by a court or the Patent and Trademark Office before the date of enact- ment of this Act [Nov. 15, 1990] with respect to a patent or an application for a patent, if no appeal from such decision is pending and the time for filing an appeal has expired. ‘‘(c) PENDING CASES.—The amendments made by the first section of this Act [enacting this section] shall not affect the right of any party in any case pending in a court on the date of enactment of this Act [Nov. 15, 1990] to have the party’s rights determined on the basis of the substantive law in effect before such date of en- actment. ‘‘(d) NON-APPLICABILITY.—The amendments made by the first section of this Act [enacting this section] shall not apply to any process, machine, article of manufac- ture, or composition of matter, an embodiment of which was launched prior to the date of enactment of this Act [Nov. 15, 1990].’’ CHAPTER 11—APPLICATION FOR PATENT Sec. 111. Application. 112. Specification. 113. Drawings. 114. Models, specimens. 115. Inventor’s oath or declaration. 116. Inventors. 117. Death or incapacity of inventor. 118. Filing by other than inventor. 119. Benefit of earlier filing date; right of priority. 120. Benefit of earlier filing date in the United States. 121. Divisional applications. 122. Confidential status of applications; publica- tion of patent applications. 123. Micro entity defined. Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 10(g)(2), Sept. 16, 2011, 125 Stat. 319, which directed adding item 123 at the end of this chapter, was executed by adding the item at the end of the table of sections of this chapter, to reflect the prob- able intent of Congress. Pub. L. 112–29, § 4(a)(4), Sept. 16, 2011, 125 Stat. 296, amended item 115 generally, substituting ‘‘Inventor’s oath or declaration’’ for ‘‘Oath of applicant’’. 2002—Pub. L. 107–273, div. C, title III, § 13206(a)(7), Nov. 2, 2002, 116 Stat. 1904, substituted ‘‘Inventors’’ for ‘‘Joint inventors’’ in item 116.