35 U.S.C. § 9 — Certified copies of records

Page 17 TITLE 35—PATENTS § 9 tered by the Patent Trial and Appeal Board shall be deemed to extend to inter partes reexaminations that are requested under section 311 of such title before the effective date of the amendments made by this section.’’ EFFECTIVE DATE Section 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. § 7. Library The Director shall maintain a library of sci- entific and other works and periodicals, both foreign and domestic, in the Patent and Trade- mark Office to aid the officers in the discharge of their duties. (July 19, 1952, ch. 950, 66 Stat. 793, § 8; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; renumbered § 7 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, 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., § 10 (R.S. 486). Some change in language has been made. ‘‘Pur- chased’’ is changed to ‘‘maintained’’ to include the ex- isting library and keeping it up by additions. The phrase ‘‘and other’’ is added to include legal works. The last phrase of the corresponding section of the existing statute is omitted as unnecessary. Editorial Notes PRIOR PROVISIONS A prior section 7, acts July 19, 1952, ch. 950, 66 Stat. 793; Pub. L. 85–933, § 2, Sept. 6, 1958, 72 Stat. 1793; Pub. L. 86–370, § 1(b), Sept. 23, 1959, 73 Stat. 650; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 93–601, § 2, Jan. 2, 1975, 88 Stat. 1956; Pub. L. 98–622, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3386, established the Board of Pat- ent Appeals and Interferences, prior to repeal by Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, 1501A–581, effec- tive 4 months after Nov. 29, 1999. AMENDMENTS 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’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 8 of this title as this section. 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. § 8. Classification of patents The Director may revise and maintain the classification by subject matter of United States letters patent, and such other patents and print- ed publications as may be necessary or prac- ticable, for the purpose of determining with readiness and accuracy the novelty of inven- tions for which applications for patent are filed. (July 19, 1952, ch. 950, 66 Stat. 794, § 9; renum- bered § 8 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, 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., § 6 note (June 10, 1898, ch. 430, § 1, 30 Stat. 440). Changes in language are made. Editorial Notes PRIOR PROVISIONS A prior section 8 was renumbered section 7 of this title. AMENDMENTS 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’’. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 9 of this title as this section. 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. § 9. Certified copies of records The Director may furnish certified copies of specifications and drawings of patents issued by the Patent and Trademark Office, and of other records available either to the public or to the person applying therefor. (July 19, 1952, ch. 950, 66 Stat. 794, § 10; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; renumbered § 9 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580, 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., § 14 (Mar. 3, 1891, ch. 541, § 1 (part), 26 Stat. 908, 940). Reference to other records is added. The fee for cer- tification is omitted as it appears in the table of fees. Editorial Notes PRIOR PROVISIONS A prior section 9 was renumbered section 8 of this title. AMENDMENTS 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’’. Page 18 TITLE 35—PATENTS § 10 Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renum- bered section 10 of this title as this section. 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. § 10. Publications (a) The Director may publish in printed, type- written, or electronic form, the following: 1. Patents and published applications for pat- ents, including specifications and drawings, to- gether with copies of the same. The Patent and Trademark Office may print the headings of the drawings for patents for the purpose of photo- lithography. 2. Certificates of trade-mark registrations, in- cluding statements and drawings, together with copies of the same. 3. The Official Gazette of the United States Patent and Trademark Office. 4. Annual indexes of patents and patentees, and of trade-marks and registrants. 5. Annual volumes of decisions in patent and trade-mark cases. 6. Pamphlet copies of the patent laws and rules of practice, laws and rules relating to trade-marks, and circulars or other publications relating to the business of the Office. (b) The Director may exchange any of the pub- lications specified in items 3, 4, 5, and 6 of sub- section (a) of this section for publications desir- able for the use of the Patent and Trademark Office. (July 19, 1952, ch. 950, 66 Stat. 794, § 11; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; renumbered § 10 and amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(1), 4717(1), 4732(a)(10)(A), 4804(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–580, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, §§ 13205(2)(A), 13206(b)(1)(B), (3)(A), Nov. 2, 2002, 116 Stat. 1903, 1906.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., §§ 13 and 16 (R.S. 489; July 9, 1947, ch. 211, § 301 (part), 61 Stat. 299, re- peated in prior and subsequent appropriation acts). Section is amplified to list the publications of the Patent Office, based on 44 U.S.C., 1946 ed., §§ 283, 283a. The second sentence of item 1 of the revised section is a provision appearing annually in appropriation acts to enable the Patent Office to maintain a small print- ing press to place headings on drawings before the drawings are reproduced. Language is changed. Editorial Notes PRIOR PROVISIONS A prior section 10 was renumbered section 9 of this title. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–273, § 13206(b)(3)(A), amended directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(b)]. See 1999 Amendment note below. Subsec. (a)1. Pub. L. 107–273, § 13205(2)(A), made tech- nical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)]. See 1999 Amend- ment note below. Subsec. (b). Pub. L. 107–273, § 13206(b)(1)(B), made tech- nical correction to directory 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, § 4717(1)], re- numbered section 11 of this title as this section. Subsec. (a). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(b)], as amended by Pub. L. 107–273, § 13206(b)(3)(A), which directed the general amendment of the introduc- tory provisions of subsec. (a) of section 10 of this title to read ‘‘The Director may publish in printed, type- written, or electronic form, the following:’’, was exe- cuted to this section, which was section 11 of this title, to reflect the probable intent of Congress. This section was subsequently renumbered section 10 of this title by Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]. Prior to amendment, introductory provisions of subsec. (a) read as follows: ‘‘The Commissioner may print, or cause to be printed, the following:’’. See note above and Effec- tive Date of 1999 Amendment note below. Subsec. (a)1. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)], as amended by Pub. L. 107–273, § 13205(2)(A), in- serted ‘‘and published applications for patents’’ after ‘‘Patents’’. Subsec. (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), substituted ‘‘Director’’ for ‘‘Commis- sioner’’. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’, wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4508], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, as amended by Pub. L. 107–273, div. C, title III, § 13205(3), Nov. 2, 2002, 116 Stat. 1903, provided that: ‘‘Except as otherwise pro- vided in this section, sections 4502 through 4504 and 4506 through 4507 [amending sections 10 to 12, 119, 120, 122, 135, 154, 181, 252, 284, and 374 of this title and enacting provisions set out as notes under sections 41 and 122 of this title], and the amendments made by such sections, shall be effective as of November 29, 2000, and shall apply only to applications (including international ap- plications designating the United States) filed on or after that date. The amendments made by section 4504 [amending section 154 of this title] shall additionally apply to any pending application filed before November 29, 2000, if such pending application is published pursu- ant to a request of the applicant under such procedures as may be established by the Director. Except as other- wise provided in this section, the amendments made by section 4505 [amending section 102 of this title] shall be effective as of November 29, 2000 and shall apply to all patents and all applications for patents pending on or filed after November 29, 2000. Patents resulting from an international application filed before November 29, 2000 and applications published pursuant to section 122(b) [probably means section 122(b) of title 35] or Article 21(2) of the treaty defined in section 351(a) [probably means section 351(a) of title 35] resulting from an inter- national application filed before November 29, 2000 shall not be effective as prior art as of the filing date of the international application; however, such patents shall be effective as prior art in accordance with sec- tion 102(e) in effect on November 28, 2000.’’ 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