« iepriekšējāTurpināt »
to section 181 of this chapter, shall, with knowledge of such order and without due authorization, willfully publish or disclose or authorize or cause to be published or disclosed the subject matter or material information with respect thereto, or whoever, in violation of the provisions of section 184 of this chapter, shall 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 the United States, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than two years, or both. "S 187. Nonapplicability to certain persons
"The provisions and penalties of this chapter shall not apply to any officer or agent of the United States acting within the scope of his authority, nor to any person acting upon his written instructions or permission. "S 188. Rules and regulations, delegation of power
“The Atomic Energy Commission, the Secretary of Defense, the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States, and the Patent Office, may separately issue rules and regulations to enable the respective department or agency to carry out the provisions of this chapter, and may delegate any power conferred by this chapter.
"CHAPTER 18.-DEFERRED EXAMINATION "Sec. "191. Deferment of examination. "192. Examination. "193. Examination of related applications. "§ 191. Deferment of examination
“(a) Notwithstanding the provisions of chapter 12 of this title, the examination of an application for patent shall be deferred unless at the time of filing the applicant requests immediate examination and pays the prescribed fee.
“(b) An application, the examination of which is deferred under the provisions of this chapter, shall be examined as to formal matters and other such matters as the Commissioner may prescribe, and action shall be taken under sections 132 and 133 of this title to place the application in condition for prompt publication pursuant to section 122 of this title. Except for a nominal fee for the examination as provided in this subsection and for a publication fee, as prescribed by the Commissioner in accordance with section 41(a) of this title, no fees shall be charged during the period of time which the examination of such application is deferred under the provisions of this chapter. "S 192. Examination
“(a)) If a request for examination of an application, the examination of which has been deferred under the provisions of this chapter, accompanied by payment of the required fee is made at any time before the expiration of five years from the earliest effective filing date claimed, such application shall be examined as provided in chapter 12.
“(b) Any party, or any other person, may make the request under subsection (a) of this section. If the request is made by the applicant, he shall pay the full examination fee. If the request is made by any other party or person, except the Public Counsel or the United States, that person shall pay the basic examination fee on the requested application; the applicant shall pay all other fees, including any fee for extra claims. No basic examination fee shall be charged if examination is requested by the Public Counsel or the United States, but the applicant shall pay all other fees. The identity of such other party or person (except the Public Counsel or the United States) requesting the examination shall be kept in confidence by the Patent Office and no information concerning the same given without authority of such other party or person unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commissioner.
"(c) If no request for examination is received within the time specified in subsection (a) of this section, the application shall be regarded as abandoned.
"2 193. Esamination of related applications
“When examination of a deferred application is requested under section 192 of this title, the Commissioner may call upon the applicant to request examination of any other of his applications which may have been deferred and which claim the date of the first mentioned application or any application the date of which is claimed by the first mentioned application and to pay the fee. Notice shall be given the applicant of the fee due and a time of not less than thirty days shall be set for payment. If the fee is paid within the specified time, examination shall proceed on all such applications concurrently. If the fee is not paid within such time, the applications on which the required fee has not been paid shall be regarded as abandoned.
"CHAPTER 19.—AMENDMENT, CORRECTION, AND REISSUE OF PATENTS *Sec. "201. Reissue of defective patents. "202. Effect of reissue. 203. Disclaimer. 4.204. Certificate of correction of Patent Office mistake. 205. Certificate of correction of applicant's mistake. *-206. Misjoinder of inventor. " 201. Reissue of defective patents
“(a) Whenever any patent is, through inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more than he had a right to claim in the patent, the Patent Office, pursuant to such rules and regulations as the Commissioner shall prescribe, and on the surrender of such patent and the payment of the fee required by law, shall reissue the patent for the subject matter disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue,
"ib) The provisions of chapters 12, 13, and 14 of this title relating to applications for patent shall be applicable to applications for reissue of a patent.
“(C) No reissued patent shall be granted enlarging the scope of the claims of the original patent.
"(d) No reissue patent shall be granted during the pendency of any proceeding before any court or agency of the United States in which the validity of the patent, or the inequity of the patentee in procuring it, has been brought into question. The institution of any such proceeding shall stay the continuance of any proceeding under this section. "9 202. Effect of reissue
“(a) The surrender of the original patent shall take effect upon the issue of the reissued patent, and every reissued patent shall have the same effect and operation in law, on the trial of actions for causes thereafter arising, as if the same had been originally granted in such amended form, but insofar as the claims of the original and reissued patents are identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent, to the extent that its claims are identical or substantially identical with the original patent, shall constitute a continuation thereof and have effect continuously from the date of the original patent.
“(b) No reissued patent shall abridge or affect the right of any person or his successors in business who made, purchased, or used prior to the grant of å reissue any thing patented by the reissued patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used, unless the making, using, or selling of such thing infringes a valid claim of the reissued patent and would also have infringed the original patent. The court before which such matter is in question may provide for the continued manufacture, use, or sale of the thing made, purchased, or used as specified or for the manufacture, use, or sale of which substantial preparation was made before the grant of the reissue, and it may also provide for the continued practice of any process patented by the reissue, practiced or for the practice of which substantial preparation was made, prior to the grant of the reissue, to the extent and under such terms as the court deems equitable for the protec
tion of investments made or business commenced before the grant of the reissue. “8 203. Disclaimer
“(a) Whenever, through inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid : Provided, That the patentee timely makes disclaimer pursuant to this section, upon his learning of the defect in such claim. A patentee, whether of the whole or any interest therein, may, on payment of the fee required by law, make disclaimer of any claim, stating therein the extent of his interst in such patent. Such disclaimer shall be in writing and recorded in the Patent Office ; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.
“(b) In like manner any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.
"(c) The fact that two patents which have been or may be issued expire at the same time by means of a terminal disclaimer or dedication under this section or otherwise, shall have no effect in the determination of the patentability or validity of a claim in either. "204. Certificate of correction of Patent Office mistake
“Whenever a mistake in a patent, incurred through the fault of the Patent Office, is clearly disclosed by the records of the Office, the Commissioner may issue a certificate of correction stating the fact and nature of such mistake, under seal, without charge, to be recorded in the records of patents. A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent, together with such certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form. The Commissioner may issue a corrected patent without charge in lieu of and with like effect as a certificate of correction. "8 205. Certificate of correction of applicant's mistake
“Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent Office, appears in a patent and a showing has been made that such mistake occurred in good faith, the Patent Office may, pursuant to such rules and regulations as the Commissioner shall prescribe and upon payment of the required fee, issue a certificate of correction, if the correction does not involve such changes in the patent as would constitute new matter or would require reexamination. Such certificate shall be considered as part of the original patent, and a copy thereof may be attached to each copy of the patent. Every such patent, together with the certificate, shall have he same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form. “8 206. Misjoinder of inventor
“(a) Whenever a patent is issued naming two or more persons as joint inventors and it appears that one of such persons was not in fact a joint inventor, and that he was included as a joint inventor by inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, the Patent Office may, on timely petition by all the applicants and named inventors, and assignees thereof, in such proceedings as the Commissioner shall by regulation prescribe, and with verified proof of the facts and such other requirements as may imposed, issue a certificate deleting the name of the erroneously joined person from the patent.
“(b) Whenever a patent is issued and it appears that a person was a joint inventor, but was omitted by inadvertence, accident, or mistake, and without any willful default or intent to defraud, mislead, or deceive the public, on his part, the Patent Office may, on timely petition by all the applicants and inventors, and assignees thereof, and in such proceedings as the Commissioner shall by regulation prescribe, and with verified proof of the facts and such
other requirements as may be imposed, issue a certificate adding his name to the patent as a joint inventor.
"(c) The inadvertent, accidental, or mistaken misjoinder or nonjoinder of joint inventors, without any willful default or intent to defraud, mislead, or deceive the public, shall not invalidate a patent, if such error can be corrected as provided in this section. The court before which such matter is called in question may order correction of the patent on notice and hearing of all parties concerned and the Patent Office shall issue a certificate accordingly.
"PART III–PATENTS AND INFRINGEMENT OF PATENTS "Chapter
Sec. 26. Ownership and assignment
261 27. Government interests in patents
267 **28. Infringement of patents
271 29. Remedies for infringement of patent, and othe actions
281 "CHAPTER 26.-OWNERSHIP AND ASSIGNMENT "See. "261. Ownership; assignment. ***262. Joint owners. "263. Rights of employee-inventors guaranteed. "§ 261. Ownership; assignment
“(a) Subject to the provisions of this title, patents shall have the attributes of personal property.
"(b) Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing.
"(c) A certificate of acknowledgment under the hand and official seal of a person authorized to administer oaths within the United States, or, in a foreign country, of a diplomatic or consular officer of the United States or an officer authorized to administer oaths whose authority is proved by a certificate of a diplomatic or consular officer of the United States, shall be prima facie evidence of the execution of an assignment, grant, or conveyance of a patent or application for patent.
"(d) An assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from its date or prior to the date of such subsequent purchase or mortgage. "8 262. Joint owners
"In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, or sell the patented subject matter without the consent of and without accounting to the other owners. "§ 263. Rights of employee-inventors guaranteed
"Subject to other provisions of Federal law, no direct or indirect assignment by an inventor to his employer, or to a person designated thereby, of the subject matter of an application for patent or patent, developed in the course of his employment, shall be valid unless the employer agrees to pay the employee, in addition to his regular salary or compensation for services, a minimum of 2 per centum of the profit or savings to the employer, attributable to such subject matter. The Commissioner shall by regulation establish procedures and methods, including accounting procedures, for carrying out the provisions of this section. No assignment, or other disposition by the employee of such right to additional payment, shall be valid, unless there is equitable and adequate consideration therfor.
"CHAPTER 27.-GOVERNMENT INTERESTS IN PATENTS
“-267. Time for taking action in Government applications.
"Notwithstanding the provisions of sections 41, 133, and 151 of this title, the Commissioner may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Commissioner that the subject matter disclosed therein is important to the armament or defense of the United States.
"CHAPTER 28.-INFRINGEMENT OF PATENTS "Sec. “271. Infringement of patent. “272. Temporary presence in the United States. “273. Unauthorized practice of subject matter prior to issuance of patent. “8 271. Infringement of patent
“(a) Except as otherwise provided in this title, whoever without authority makes, uses, or sells any patented subject matter within the United States after the issuance of the patent therefor and during its term, infringes the patent.
"(b) Whoever actively induces infringement of a patent shall be liable as an infringer.
"(c) Whoever sells a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the patented subject matter, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as an infringer.
"(d) No patent owner otherwise entitled to relief for infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done in good faith one or more of the following: (1) drived revenue from acts which if performed by another without his consent would constitute infringement of the patent; (2) licensed or authorized another to perform acts which if performed without his consent would constitute infringement of the patent; (3) sought to enforce the patent against infringement. “8 272. Temporary presence in the United States
"The use of any patented subject matter in any vessel, aircraft, or vehicle of any country which affords similar privileges to vessels, aircraft, or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if such subject matter is used erclusively for the needs of the vessel, aircraft, or vehicle and is not sold in or used for the manufacture of anything to be sold in or exported from the United States. "§ 273. Unauthorized practice of subject matter prior to issuance of patent
“(a) After the issuance of a patent, a patentee may obtain damages for the unauthorized making, using, or selling of the subject matter of a claim in the patent during an interim period prior to issuance of such patent, under the provisions of subsections (b) and (c) of this section and chapter 29 of this title.
“(b) Such interim period shall begin after the occurrence of all of the following events :
"(1) publication of the application containing such claim,
“(3) actual notice to the alleged unauthorized practitioner that such claim has been indicated as allowable and how his acts are considered to
constitute unauthorized practice of the subject matter of such claims, and shall end upon issuance of the patent.
"(c) Damages for unauthorized practice during the interim period shall be limited to royalties reasonable in the circumstances. No injunction or other relief may be had with respect to the subsequent use or sale of machines, manufactures, or compositions of matter made prior to the grant of the patent as to which a notice under this section applies, but reasonable royalties may be obtained. The court before which such matter is in question may provide for the continued manufacture, use, or sale of the thing made, purchased, or used as specified or for the manufacture, use, or sale of which substantial preparation was made before the grant of the patent, and it may also provide for the continued practice of any patented process, practiced or for the practice of which substantial preparation was made, prior to the grant of the patent, to the extent and under such terms as the court deems equiable for the protection of investments made or business commenced before the grant of the patent.