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"CHAPTER 13.-REVIEW OF PATENT OFFICE DECISIONS "Sec. “141. Appeal to Court of Customs and Patent Appeals. “142. Notice of appeal. “143. Proceedings on appeal. *114. Decision on appeal. "115. Civil action. "147. Appeal to the United States Court of Appeals for the District of Col

umbia. "141. Appeal to Court of Customs and Patent Appeals

"An appeal from a final decision of the Board of Appeals may be had by any party to the United States Court of Customs and Patent Appeals. Any such appeal shall be dismissed without prejudice, however, if any other party, within twenty days after the notice of appeal is filed, files notice with the Commissioner that he elects to have all further proceedings conducted as provided in section 145 of this chapter. "§ 142. Notice of appeal

“When an appeal is taken to the United States Court of Customs and Patent Appeals, the appellant shall file in the Patent Office and serve upon the Public Counsel and all parties of record a written notice of appeal, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints. " 143. Proceedings on appeal

"The Commissioner shall transmit to the United States Court of Customs and Patent Appeals certified copies of the decision of the Board of Appeals and of all other necessary original papers and evidence in the case specified hy the appellant or any other party. The Public Counsel shall be responsible for briefing and arguing the case before the court in respect to any appeal taken by the applicant, except in respect to priority of invention contests pursuant to section 136 of this title, in which case participation of the Public Counsel shall be at his discretion. The court shall, before hearing such appeal, give notice of the time and place of the hearing to the Commissioner, the Public Counsel, and any parties of record. **& 144. Decision on appeal

"The United States Court of Customs and Patent Appeals shall review the decision appealed from under section 141 of this title. The court may affirm or set aside the decision below, or remand the matter to the Office for further consideration in light of other factors or information that the court deems pertinent. Upon its determination the court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern further proceedings in the case. "$ 145. Civil action

“Any final decision of the Board of Appeals shall be subject to judicial reriew by civil action against the Commissioner by any party in the United States District Court for the District of Columbia. Such action shall be commenced within such time after such decision, not less than sixty days, as the Commissioner appoints. The Public Counsel shall be responsible for briefing and arguing the case before the court in respect to any appeal taken by the applicant, except in respect to priority of invention contests pursuant to section 136 of this title, in which case participation of the Public Counsel shall be at his discretion. In any such proceeding before said district court, any party may introduce into the record any publications, patents, or other eridence of the state of the art, or other information not previously made part of the record ; and may seek to reverse the decision of the Board of Appeals. The court may consider patentability, de novo, or remand any pro(eeding to the Patent Office for reconsideration in light of such further information. The court may affirm the decision below, set aside the rejection of any claims which were rejected in the decision of the Board of Appeals, reject the allowance of any claims previously allowed, or remand the proceeding to the Patent Office for further consideration. Such adjudication shall be entered of record in the Patent Office and govern further proceedings in the case.

147. Appeal to the United States Court of Appeals for the District of

Columbia “(a) Any party dissatisfied with the decision of the Court of Customs and Patent Appeals in a proceeding under section 141 of this title may seek review thereof by the United States Court of Appeals for the District of Columbia Circuit by petition for the allowance of an appeal.

“(b) Said court of appeals may prescribe rules governing time for making such petition, the practice and procedure on such petition, the preparation of and the time for filing the transcript of the record in such cases, and generally to regulate all matters relating to appeals in such cases. If said court of appeals shall allow an appeal, the court shall review the record on appeal and shall affirm, reverse, or modify the decision in accordance with law,

"(c) No party shall file a petition for certiorari, pursuant to section 1256 of title 28, United States Code, unless he has first filed a petition pursuant to subsections (a) and (b) of this section, and it has been denied. If such petition is granted, the provisions of sections 1252 and 1254, title 28, United States Code, shall govern any subsequent appellate review.

"CHAPTER 14.-ISSUE OF PATENT "Sec. "151, Issue of patent. "152. How issued. "153. Contents and term of patent. "S 151. Issue of patent

“(a) If it is determined that an applicant 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 or a portion thereof, which shall be paid within three months thereafter,

“(b) Upon payment of this sum the patent shall issue, but if payment is not timely made, the application shall be regarded as abandoned.

"(c) Any remaining balance of the issue fee shall be paid within three months from the sending of a notice thereof and, if not paid, the patent shall lapse at the termination of the three-month period. In calculating the amount of a remaining balance, charges for a page or less may be disregarded.

"(d) If any payment required by this section is not timely made, but is submitted with the fee for delayed payment and sufficient cause is shown for the late payment, it may be accepted by the Commissioner as though no abandonment or lapse had ever occurred. "S 152. How issued

"Patents shall be issued in the name of the United States of America, under the seal of the Patent Office, and shall be signed by the Commissioner or have his signature placed thereon, and shall be recorded in the Patent Office. "g 153. Contents and term of patent

“(a) Every patent shall contain a grant to the applicant, his heirs or assigns, or, as provided in section 111(d) of this title, to the inventor, his heirs or assigns of the right, during the term of the patent, to exclude others, pursuant to part III of this title, from making, using, or selling the patented subject matter throughout the United States, referring to the specifications for the particulars thereof. A copy of the specification and drawings shall be annexed to the patent and be a part thereof.

"(b) The term of a patent shall expire twelve years from the actual filing date in the United States or, if a prior filing date under section 119 of this title has been claimed, twelve years from such date: Provided, however, That there shall be added to any such twelve-year period the period of time during which the examination of the subject matter of the application was deferred pursuant to chapter 18 of this title. Notice of the term of any patent shall be indicated at the beginning thereof.

"(c) The term of a patent whose issuance has been delayed by reason of the application having been ordered kept secret under section 181 of this title shall be extended for a period equal to such delay in issuance of the patent after the notice of allowability referred to in section 183 of this title. The term of a patent shall be extended for a period of equal to the delay incurred due to review under section 151 or 152 of the Atomic Energy Act of 1954 (68 Stat.

943), or under section 305 of the National Aeronautics and Space Act (72 Stat. 435).

“CHAPTER 15,-PLANT PATENTS “Sec. “161. Patents for plants. “162. Description, claim. "163. Grant. “161. Assistance of Department of Agriculture. "$ 161. Patents for plants

“(a) Whoever invents or discovers and asexually reproduces any distinct and new variety of plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of this title.

“(b) The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided. "§ 162. Description, claim

“No plant patent shall be declared invalid for noncompliance with section 112 of this title if the description is as complete as is reasonably possible.

“The claim in the specification shall be in formal terms to the plant shown and described. "§ 163. Grant

“In the case of a plant patent the grant shall be the right to exclude others, pursuant to part III of this title, from asexually reproducing the plant or selling or using the plant so reproduced. " 164. Assistance of Department of Agriculture

“The President may by Executive order direct the Secretary of Agriculture, in accordance with the request of the Commissioner, for the purpose of carrying into effect the provisions of this title with respect to plants (1) to furnish available information of the Department of Agriculture, (2) to conduct through the appropriate bureau or division of the Department research upon special problems, or (3) to detail to the Commissioner officers and employees of the Department.

"CHAPTER 17.-SECRECY AND FILING APPLICATIONS IN FOREIGN COUNTRIES "Sec. "181. Secrecy and withholding of patent. "182. Abandonment of subject matter by reason of unauthorized disclosure. "183. Right to compensation. "184. Filing of application in foreign country. "185. Patent barred for filing without license. "186. Penalty. "187. Nonapplicability to certain persons. "188. Rules and regulations, delegation of power. "181. Secrecy and withholding of patent

“(a) Whenever publication or disclosure of the subject matter of an application for patent in which the Government has a property interest might, in the opinion of the head of an interested Government agency, be detrimental to the national security, the Commissioner upon being so notified shall order that the subject matter be kept secret and shall withhold disclosure thereof and the grant of a patent therefor under the conditions set forth hereinafter.

“(b) Whenever the publication or disclosure of subject matter described in an application for patent in which the Government does not have a property interest, might, in the opinion of the Commissioner, be detrimental to the national security, the Commissioner shall within two months of the date on which the application was filed in the United States, make the application for patent in which subject matter is disclosed available for inspection to the Atomic Energy Commission, the Secretary of Defense, and the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States.

"(c) Each individual to whom the application is disclosed shall sign a dated acknowledgment thereof, which acknowledgment shall be entered in the

file of the application. If, in the opinion of the Atomic Energy Commission, the Secretary of Defense, or the chief officer of another department or agency so designated, the publication or disclosure of such subject matter would be detrimental to the national security, the Atomic Energy Commission, the Secretary of Defense, or such other chief officer shall notify the Commissioner within five months of the date on which the application was filed in the United States. The Commissioner shall order that such subject matter be kept secret and shall withhold publication and the grant of a patent for such period as the national interest requires, and notify the applicant thereof. l'pon proper showing by the head of the department or agency which caused the secrecy order to be issued that the examination of the application might jeopardize the national interest, the Commissioner shall thereupon maintain the application in a sealed condition and notify the applicant thereof. The applicant whose application has been placed under a secrecy order shall have a right to appeal from the order to the United States District Court for the District of Columbia, under such conditions and upon such proceedings as the court by its rules determines.

(d) Subject matter described in an application shall not be ordered kept secret and publication withheld for a period of more than one year. The Commissioner shall renew the order at the end thereof, or at the end of any renewal period, for additional periods of one year upon notification by the head of the department or agency which caused the order to be issued that an affirmative determination has been made that the national interest continues so to require. An order in effect, or issued, during a time when the United States is at war, shall remain in effect for the duration of hostilities and one year following cessation of hostilities. An order in effect, or issued, during a national emergency declared by the President shall remain in effect for the duration of the national emergency and six months thereafter. The Commissioner may rescind any order upon notification by the head of the department or agency which caused the order to be issued that the publication or disclosure of such subject matter is no longer deemed detrimental to the national security. "g 182. Abandonment of subject matter by reason of unauthorized disclosure

"Subject matter disclosed in an application for patent subject to an order made pursuant to section 181 of this chapter shall be held abandoned upon a determination by a member of the Board of Appeals, pursuant to section 5(c) of this title, in such proceedings as the Commissioner shall by regulation establish, that in violation of said order such subject matter has been published or disclosed or that an application for a patent therefor has been filed in a foreign country by the inventor, his successors, assigns, or legal representatives, or anyone in privity with him or them, without the consent of the Commissioner. The abandonment shall be held to have occurred as of the time of violation. The consent of the Commissioner shall not be given without the concurrence of the heads of the departments and agencies which caused the order to be issued. A holding of abandonment shall abrogate all claims against the United States based upon such subject matter by the applicant, his successors, assigns, or legal representatives, or anyone in privity with him or them. "S 183. Right to compensation

"An applicant, or patentee, or his legal representatives, whose patent is withheld as herein provided, shall have the right, beginning at the date the applicant is notified that, except for such order, his application is otherwise in condition for allowance, and ending six years after a patent is issued thereon, to apply to the head of any department or agency who caused the order to be issued for compensation for the damage caused by the order of secrecy and/or for the use of such subject matter by the Government resulting from his disclosure. The right to compensation for use by the Gorernment shall begin on the date of the first use of such subject matter by the Government and shall terminate not later than twenty years from the actual filing date in the United States. The head of the department or agency is authorized, upon the presentation of the claim, to enter into an agreement with the applicant, or patentee, or his legal representatives, in full settlement for the damage and/or use. This settlement agreement shall be conclusive for all purposes notwithstanding any other provision of law to the contrary. If full

settlement of the claim cannot be effected, the head of the department or agency may award and pay to such applicant, or patentee, or his legal representatives, a sum not exceeding 75 per centum of the sum which the head of the department or agency considers just compensation for the damage and/ or use. A claimant may bring suit against the United States in the Court of Claims or in the district court of the United States for the district in which such claimant is a resident for an amount which when added to the award shall constitute just compensation for the damage and/or use of such subject matter, by the Government. The owner of any patent issued upon an application that was subject to a secrecy order issued pursuant to section 181 of tbis chapter, who did not apply for compensation as above provided, shall hare the right, after the date of issuance of such patent, to bring suit in the Court of Claims for just compensation for the damage caused by reason of the order of secrecy and/or use by the Government of such subject matter resulting from his disclosure. The right to compensation for use by the Government shall begin on the date of the first use of the invention by the Government and shall terminate not later than twenty years from the actual filing date in the United States of the patent. In a suit under the provisions of this section the United States may avail itself of all defenses it may plead in an action under section 1498 of title 28. This section shall not confer a right of action on anyone or his successors, assigns, or legal representatives toho, while in the full-time employment or service of the United States, discirered, invented, or developed the subject matter on which the claim is based. A patentee receiving a settlement of his claim for damages caused by reason of an order of secrecy from a head of a department or agency or who is awarded compensation for damages caused by reason of an order of secrecy his the Court of Claims shall be required to disclaim the terminal portion of the patent term equal in duration to any extension granted under the provisions of section 154 (C) of this title.

184. Filing of application in foreign country “(a) Except when authorized by a license obtained from the Commissioner, a person shall not file or cause or authorize to be filed in any foreign country an application for patent or for the registration of a utility model, industrial design or model in respect of an invention made in this country prior to six months after filing an application for patent in the United States. A license shall not be granted with respect to subject matter to an order issued by the Commissioner pursuant to section 181 of this chapter without the concurrence of the heads of the departments and agencies which caused the order to be issued.

"(b) The term 'application' when used in this chapter includes applications and any modifications, amendments, or supplements thereto, or divisions thereof.

" (C)) No license shall be required subsequent to the filing of a foreign application for any modifications, amendments, or supplements to that foreign application, or divisions thereof, which do not alter the nature of the subject matter originally disclosed, which are within the scope of the subject matter originally disclosed, and where the filing of the foreign application originally complied with the provisions of this section, unless the applicant has been notified by the Commissioner that a specific license is required for filing such papers in connection with any application. "§ 185. Patent barred for filing without license

"Notwithstanding any other provisions of law any person, and his successors, assigns, or legal representatives, shall not receive a United States patent for subject matter described in an application if that person, or his successors, assigns, or legal representatives shall, withou procuring the license prescribed in section 184 of this chapter, have made, or consented to or assisted another's making, application in a foreign country for a patent or for the registration of a utility model, industrial design, or model in respect to such subbject matter. A United States patent if issued for such person, his successors, assigns, or legal representatives shall be invalid. "g 186.Penalty

"Whoever, during the period or periods of time any subject matter has been ordered to be kept secret and the grant of a patent thereon withheld pursuant

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