Lapas attēli
PDF
ePub

10. For recording every assignment, agreement, or other paper relating to the property in a patent or application, $20; where the document relates to more than one patent or application, $3 for each additional item.

11. For each certificate, $1.

(b) The Commissioner may establish charges for copies of records, publications, or services furnished by the Patent Office, not specified above.

(c) The fees prescribed by or under this section shall apply to any other Government department or agency, or officer thereof, except that the Commissioner may waive the payment of any fee for services or materials in cases of occasional or incidental requests by a Government department or agency, or officer thereof. Section 42.Payment of patent fees; return of excess amounts

All patent fees shall be paid to the Commissioner who shall deposit the same in the Treasury of the United States in such manner as the Secretary directs, and the Commissioner may refund any sum paid by mistake or in excess of the fee required by law.

PART II-PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

Chapter

Sec. 10. Patentability of Inventions.

100 11. Application for Patent.--

111 12. Examination of Applications.-

131 13. Review of Patent Office Decisions..

141 14. Issue of Patent.-

151 15. Plant Patents

161 16. Designs

171 17. Secrecy of Certain Inventions and Filing Applications Abroad. 181 18. Reexamination After Issue: Contested Proceedings---

191

Page

12 15 23 25 27 29 30 31 36

Chapter 10Patentability of inventions Sec. 100. Definitions. 101. Inventions patentable. 102. Conditions for patentability; novelty and loss of right to patent. 103. Conditions for patentability ; non-obvious subject matter. 104. Invention made abroad. Section 100.-Definitions When used in this title unless the context otherwise indicates

(a) The term "invention" means invention or discovery.

(b) The term “process” means process, art or method and includes a new use of a known process, machine, manufacture, composition of matter, or material.

(c) The terms “United States” and “this country" mean the United States of America, its territories and possessions, and the Commonwealth of Puerto Rico.

(d) The term "applicant” means any person who owns an application for a patent, as provided in this title.

(e) The term "patentee” includes not only the person to whom the patent was issued but also the successors in title to such person.

(f) The term "actual filing date in the United States" includes the filing date to which an application or patent, or the subject matter of any claim thereof, may be entitled under the provisions of section 120 of this title (and escludes any date under section 119 of this title). An application or the resulting patent may contain separate claims for subject matter having different filing dates in the United States by virtue of the provisions of section 120 of this title or may contain claims entitled to the benefit of a prior date under the provisions of section 119 of this title, in addition to claims not so entitled.

(g) The term "useful" shall include, but shall not be limited to, utility in agriculture, commerce, industry, health or research. Section 101.-Inventions patentable

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, or his successor in title, may obtain a patent therefor, subject to the conditions and requirements of this title.

or

Section 102.Conditions for patentability; novelty and 1088 of right to patent

An applicant shall be entitled to a patent unless :

(a) The applicant or any of his predecessors in title has abandoned the invention; or

(b) The invention was first patented or caused to be patented or was the subject of an inventor's certificate by the inventor or applicant, or their assigns or legal representatives, or described or caused to be described in the official publication of the application in a foreign country before the actual filing date in the United States of the application, on an application for patent or inventor's certificate filed more than twelve months before such actual filing date in the United States; or

(c) Before the invention thereof the invention was made in this country by another, provided the invention of such other does not stand abandoned at the time of the invention which is the subject of the application; and further provided that such other has not suppressed or concealed his invention. In determining priority of invention, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time before conception by the other until his own reduction to practice. However, in establishing priority of invention, an invention which has been abandoned shall not be accorded a date prior to the date of resumption of activity.

(d) The subject matter was not invented by the inventor himself but rather derived by him from another.

(e) The invention is identically disclosed or described in any of the following prior art:

(1) A patent or publication in this or a foreign country reasonably available to the public of the United States in printed or other tangible form before the invention was made by the inventor, or more than one year before the actual filing date in the United States of the application;

(2) A published United States patent application or United States patent of another which has an actual filing date in the United States before the invention was made by the inventor named in the application;

(3) Subject matter made known publicly by another to persons in the art or arts to which it pertains, or in public use by another, in this country before the invention was made by the inventor named in the application; or

(4) Subject matter on sale or in public use in this country more than one year before the actual filing date in the United States of the application; or

(5) With respect only to the losing party of a priority of invention contest under sections 193 and 291 of this title, the subject matter of the claim

involved. Section 103.-Conditions for patentability; nonobvious subject matter

A patent may not be obtained though the invention is not identically disclosed or described in the prior art as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and such prior art are such that the subject matter as a whole would have been obvi. ous from such prior art at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made, nor because the invention has simplicity or is the last step in an evolutionary development, nor because it is not revolutionary, basic, scientific or technical in character. Claims for a new combination or assemblage of known mechanical or other elements shall be subjected to the same standard of patentability as is applied to claims for other types of subject matter. Section 104.-Invention made abroad

In proceedings in the Patent Office and in the courts, an applicant for a patent, or a patentee, may not establish a date of invention by reference to knowledge or use thereof, or other activity with respect thereto, in a foreign country, except as provided in section 119 of this title. Where an invention was made by a person, civil or military, while domiciled in the

or

United States and serving in a foreign country in connection with operations by or on behalf of the United States, he shall be entitled to the same rights of priority with respect to such invention as if the same had been made in the United States.

Chapter 11-Application for patent Sec. 111. Application for patent. 112. Specification. 113. Drawings. 114. Models, Specimen. 115. Oath of applicant. 116. Joint inventors. 117. Death or incapacity of inventor. 119. Benefit of earlier filing date in foreign country ; right of priority. 120. Benefit of earlier filing date in tre United States. 121. Divisional applications. 122. Confidential status of applications. 123. Publication. Section 111.-Application for patent

(a) An application for patent may be filed by either the inventor or the owner of the invention sought to be patented. The application shall be made in writing to the Commissioner, shall be signed by the applicant and include the name of each person believed to have made an inventive contribution, and shall be accompanied by the prescribed fee. An application filed by a person not the inventor shall include, at the time of filing, a statement of the facts supporting the allegation of ownership of the invention. (b) An application for patent shall include

(1) a specification as prescribed by section 112 of this chapter; and

(2) a drawing as prescribed by section 113 of this chapter. (c) For purposes of filing a patent application and securing a filing date, an application may be signed by an agent of the applicant provided that the agent is authorized so to do or provided that the application is ratified in writing by the applicant within six months after filing. Failure of proof of the authority of the agent or of ratification by the applicant within six months after the filing of the application shall result in abandonment of the application.

(d) When the application is signed by the owner or his agent, the owner, within thirty days after filing an application for patent, shall serve a copy of the application on the inventor along with a statement calling the inventor's attention to the provisions of subsection (e) of this section. Service may be effected by mailing a copy of the application and statement, by first-class mail, to the last known address of the inventor. Failure to serve a copy of the application and statement on the inventor within thirty days shall result in abandonment of the application. The Commissioner may by regulation require proof of such service, and may extend the thirty day period or waive the requirement for service upon a showing of sufficient cause.

(e) An inventor, within a time prescribed by the Commissioner, may furnish a statement under oath to the Commissioner alleging that the applicant is not the owner of the invention as required by subsection (a) of this section, The Commissioner, in accordance with such regulations as he establishes and on compliance with the requirements of this title, shall issue a patent to the inventor filing such statement without prejudice to later judicial proceedings, unless the notice is withdrawn by the inventor or the applicant records in the Patent Office an assignment by the inventor, or in lieu thereof, files a written statement by the inventor consenting to the filing of the application by and the issuance of the patent to the applicant.

(f) Notice to the Commissioner, in a manner prescribed by regulations, of a final decision in a judicial proceeding in a court having jurisdiction thereof, from which no appeal has or can be taken, that an applicant is the owner of an invention shall authorize the Commissioner to issue a patent to such applicant for such invention.

(g) An error in the naming of an inventor, in either a sole or joint application for patent, without deceptive intent, may be corrected at any time, in accordance with regulations established by the Commissioner,

[ocr errors][ocr errors]

Section 112.-Specification

(a) The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it patterns, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the applicant of carrying out the invention.

(b) The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter regarded as the invention. A claim may be written in independent or dependent form, and if in dependent form, it shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim.

(c) An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.

(d) When the invention relates to a process involving the action of a microorganism not already known and available to the public or to a product of such a process, the written description required by subsection (a) of this section shall be sufficient as to said microorganism if

(1) not later than the date that the United States application is filed, an approved deposit of a culture of the microorganism is made by or on behalf of the applicant or his predecessor in title, and

(2) the written description includes the name of the depository and its designation of the approved deposit and, taken as a whole, is in such descriptive terms as to enable any person skilled in the art to which the

invention pertains to make and use the same. An approved deposit shall be a deposit which

(1) is made in any public depository in the United States which shall have been designated for such deposits by the Commissioner of Patents by publication, and

(2) is available, except as otherwise prohibited by law, in accordance with such regulations as may be prescribed,

(a) to the public issuance of a United States patent to the applicant or his predecessor or successor in title which refers to such deposit, and

(b) prior to issuance of said patent, under the conditions specified

in section 122. (e) For the dissemination of information and other purposes, the Commissioner, in accordance with such regulations as he establishes, may require a brief abstract of all or part of the application. The abstract shall not be used for interpreting the scope of any claims of a patent, nor shall it affect in any way the validity of the patent. Section 113.-Drawings

When the nature of the case admits, the applicant shall furnish a drawing. Section 114.Models, specimens

(a) The Commissioner may require the applicant to furnish a model of convenient size to exhibit advantageously the several parts of his invention.

(b) When the invention relates to a composition of matter, the Commissioner may require the applicant to furnish specimens of ingredients for the purpose of inspection or experiment. Section 115.-Oath of applicant

(a) The inventor shall make oath that he believes to the best of his knowledge that he is the first inventor, that he is aware of no prior public use or other facts which would bar the issuance of the patent, and that he has made full disclosure to the Patent Office of all facts he reasonably believes to be pertinent to the prosecution of his application: such oath shall state of what country the inventor is a citizen.

(b) The applicant of an application filed pursuant to Section 117 of this title may make the oath required by subsection (a) of this section, so varied in form that it can be made by him.

(c) The oath or oaths shall be submitted not later than the time of payment of the fee required under the provisions of Section 151 (a) of this title. Section 116.-Joint inventors

(a) When two or more persons have made inventive contributions to subject matter claimed in an application, they shall apply for a patent jointly and each sign the application and make the required oath, or, if the application is filed by some other person having the right to do so, they shall be named as the inventors.

(b) In an application for patent for an invention naming two or more inventors, it shall not be necessary for each person named as an inventor to be a joint inventor of the invention asserted in any claim.

(c) If a joint inventor refuses to join another inventor in an application for patent, or cannot be found or reached after diligent effort, the application may, subject to the requirements of section 111 of this title, be made by the other inventor on behalf of himself and the omitted inventor. The Commissioner, on proof of the pertinent facts and after such notice to the omitted inventor as he prescribes, may grant a patent to the inventor making the application, subject to the same rights which the omitted inventor would have had if he had been joined. The omitted inventor may subsequently join in the application. Section 117.-Death or incapacity of inventor

Legal representatives of deceased inventors and of those under legal incapacity may make application for patent and otherwise proceed on behalf of the inventor upon compliance with the requirements and on the same terms and conditions applicable to the inventor. Section 118.-Oath by other than the inventor

Whenever an inventor refuses to execute an oath, or cannot be found or reached after diligent effort, a person to whom the inventor has assigned or agreed in writing to assign the invention or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make oath on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is necessary to preserve the rights of the parties or to prevent irreparable damage, and the Commissioner may grant a patent to the applicant upon such notice to the inventor as the Commissioner deems sufficient, and on compliance with such regulations as he prescribes. Section 119.Benefit of earlier filing date in foreign country; right of prior

ity (a) An application for patent for an invention filed in this country by any person who has, or whose predecessor or successor in title has, previously regularly filed an application for a patent for the same invention in a foreign country which affords similar privileges in the case of applications filed in the United States or to citizens of the United States, shall have the same effect as the same application would have if filed in the United States on the date on which the application for patent for the same invention was first filed in any such foreign country, if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed.

(b) To obtain the benefit of the right of priority under this section the applicant shall make a claim therefor at the time the application is filed unless it be shown to the satisfaction of the Commissioner that there was a sufficient cause for failure to do so, and shall file a certified copy of the original foreign application, specification, and drawings on which it is based, at such time during the pendency of the application as required by the Commissioner not earlier than six months after the filing of the application in this country. The Commissioner may require a translation of the papers filed if not in the English language and such other information as he deems necessary.

(c) In like manner and subject to the same conditions and requirements, the right provided in this section may be based upon a subsequent regularly filed application in the same foreign country instead of the first filed foreign application, provided that any foreign application filed prior to such subsequent application has been withdrawn, abandoned, or otherwise dis

« iepriekšējāTurpināt »