posed of without having been laid open to public inspection and without leaving any rights outstanding, and has not served, nor thereafter shall serve, as a basis for claiming a right of priority.

(d) When the application claiming priority under this section, discloses an invention relating 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 and an approved deposit is made under section 112, subsection (d), the approved deposit shall be considered to have been made on the earliest date that an application in a foreign country, the priority of which is being claimed, contains a reference identifying a deposit of the same microorganism made in a public depository.

(e) Applications for inventors' certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor's certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patent, subject to the same conditions and requirements of this section as apply to applications for patent, provided such applicants are entitled to the benefits of the Stockholm Revision of the Paris Convention at the time of such filing.

Section 120.—Benefit of earlier filing date in the United States

(a) An application for patent for an invention disclosed in the manner provided in section 112 (a) of this chapter in an application previously filed in the United States shall have the same effect, as to such invention, as though filed on the date of the prior application if—

(1) it is filed during the pendency of the prior application, that is before the patenting or abandonment of, or the termination of proceedings in, the prior application,

(2) The two applications have the same inventor for the subject matter, common to both, and

(3) the application specifically claims or is amended to claim the benefit of the date of filing of the prior application for subject matter claimed in the second application.

(b) In a series of applications with respect to an invention, each of which is entitled to the benefit of the filing date of the immediately preceding application in the series in accordance with the provisions of subsection (a) of this section, the last application in the series shall be entitled to the benefit of the filing date of the earliest application in the series for which a claim is made, even though any application in the series may be copending only with the immediately preceding application.

(c) An applicant must claim the benefit of the filing date of the earliest application on which he intends to rely in a later filed application within three months of the time of filing such later application, or during examination or reexamination of such application as provided in chapter 12 of this title upon an adequate showing why the claim was not made earlier. In a series, each application must claim the benefit of the immediately preceding application in accordance with the provisions herein.

(d) The Commissioner may by regulation dispense with signing and execution in the case of an application directed solely to subject matter described and claimed in the prior application.

Section 121.-Divisional applications

(a) If two or more independent and distinct inventions are claimed in one application, the Commissioner may require the application to be restricted to one of them. The Commissioner shall not require the further restriction of any application previously restricted under the provisions of this section, or of any application filed as a result of a requirement for restriction under this section, unless such subsequent requirement arises as a result of changes in the claimed subject matter.

(b) The validity of a patent may not be questioned for failure of the Commissioner to require the application to be restricted under subsection (a) of this section, nor may the validity of either of two or more patents resulting from and in accordance with a requirement, whether proper or not, under said subsection (a) be questioned solely because of the existence of several patents, if the subsequent application is filled in accordance with the provisions of section 120 of this chapter.

Section 122.-Confidential status of applications

Applications for patents shall be kept in confidence by the Patent Office and no information concerning the same given without authority of the applicant, or the owner of record of the application, except in such special circumstances as may be determined by the Commissioner.

Section 123.Publication

The Commissioner may establish regulations for the publication of pending applications at the request of applicants and shall publish applications in accordance therewith.

Sec.

Chapter 12-Examination of application

131. Examination of application.

132. Notice of rejection; reexamination. 133. Time for prosecuting application. 134. Appeal to the Board of Appeals.

Section 131.-Examination of application

(a) The Commissioner shall cause an examination to be made of the application and the alleged new invention; and if on such examination it is determined that the applicant is entitled to a patent under the law, the Commissioner shall issue a patent therefor as hereinafter provided.

(b) The Commissioner may require applicants, within such time as he may prescribe by regulation, to submit copies of or cite, a reasonable number of patents and publications the applicant has specifically considered in connection with his application for patent, and which were known with reasonable certainty to be prior art or, if not specific relevant patents or publications were considered a statement to that effect and an explanation as to why the claims in such application are believed to be patentable. Neither matters of judgment exercised in citing such patents or publications nor inadvertent failure to comply with the provisions of this section in whole or in part shall constitute a ground for holding a patent invalid or unenforceable, or subject the patentee or his attorney or agent to a charge of misuse or fraud.

(c) The granting of a patent shall not be refused solely on the ground that if it occurred there would then exist more than one patent for the same invention where the patents will expire on the same date as a result of filing on the same date or as the result of a terminal disclaimer pursuant to section 253 of this title so long as the right to sue for infringement of said patents is in the same legal entity.

Section 132.-Notice of rejection; reexamination

Whenever, on examination, any claim of an application is rejected, or any objection or requirement made, the Commissioner shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosection of the application; and if after receiving such notice, the applicant requests reexamination, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.

Section 133.-Time for prosecuting application

Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than one month, as fixed by the Commissioner in such action, the application shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner that such delay was unavoidable.

Section 134.-Appeal to the Board of Appeals

An applicant for a patent, any of whose claims has been finally or twice rejected, may appeal from the decision of the primary examiner to the Board of Appeals, having once paid the fee for such appeal.

Sec.

Chapter 13-Review of patent office decisions

141. Appeal to Court of Customs and Patent Appeals.

142. Notice of appeal.

143. Proceedings on appeal.

144. Decision on appeal.

145. Civil action to obtain patent.

146. Civil action in case of interference.

148. Presumption of correctness.

Section 141.-Appeal to Court of Customs and Patent Appeals

(a) An applicant, or patentee, dissatisfied with the decision of the Board of Appeals under section 134 or 191 of this title may appeal to the United States Court of Customs and Patent Appeals thereby waiving his right to proceed under section 145 of this chapter.

(b) A party to a proceeding under section 192 of this title dissatisfied with the decision of the Board of Appeals may appeal to the United States Court of Customs and Patent Appeals.

(c) A party to a priority of invention contest under section 193 of this title dissatisfied with the decision of the Board of Appeals on the question of priority may appeal to the United States Court of Customs and Patent Appeals, but such appeal shall be dismissed if any adverse party to such priority of invention contest, within twenty days after the appellant has filed notice of appeal according to section 142 of this title, files notice with the Commissioner that he elects to have all further proceedings conducted as provided in section 146 of this title. Thereupon the appellant shall have thirty days thereafter within which to file a civil action under section 146, in default of which the decision appealed from shall govern the further proceedings in the case.

Section 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 a written notice of appeal directed to the Commissioner, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints.

Section 143.-Proceedings on appeal

The Commissioner shall transmit to the United States Court of Customs and Patent Appeals certified copies of all the necessary papers and evidence in the case designated by the appellant and any additional such papers and evidence designated by the Commissioner or another party. The Commissioner in an ex parte case may appear in court by his representative and present the position of the Patent Office. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties thereto.

Section 144.-Decision on appeal

The United States Court of Customs and Patent Appeals shall review the decision appealed from on the evidence produced before the Patent Office and transmitted to the court under the provisions of section 143 of this chapter. 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 the further proceedings in the case. Section 145.-Civil action to obtain patent

An applicant, or a patentee, if dissatisfied with the decision of the Board of Appeals under section 134 or 191 of this title may, unless appeal has been taken to the United States Court of Customs and Patent Appeals, have remedy by civil action against the Commissioner 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 court may, in the case of review of a decision refusing a patent or any claim. adjudge that such applicant is entitled to receive a patent for his invention, as specified in any of his claims involved

in the decision of the Board of Appeals, as the facts in the case may appear and such adjudication shall authorize the Commissioner to issue such patent on compliance with the requirements of law. All the expenses of the proceeding under this section shall be paid by the applicant.

Section 146.-Civil action in case of interference

Any party to a priority of invention contest under section 193 of this title dissatisfied with the decision of the Board of Appeals on the question of priority, may have remedy by civil action, if commenced within such time after such decision, not less than sixty days, as the Commissioner appoints or as provided in section 141 of this title, unless he has appealed to the United States Court of Customs and Patent Appeals, and such appeal is pending or has been decided. In such suits the record in the Patent Office shall be admitted on motion of either party upon the terms and conditions as to costs, expenses, and the further cross-examination of the witnesses as the court imposes, without prejudice to the right of the parties to take further testimony. The testimony and exhibits of the record in the Patent Office when admitted shall have the same effect as if originally taken and produced in the suit.

Such suit may be instituted against the party in interest as shown by the records of the Patent Office at the time of the decision complained of, but any party in interest may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same state, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia shall have jurisdiction and may issue summons against the adverse parties directed to the marshal of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs. The Commissioner shall not be a necessary party but he shall be notified of the filing of the suit by the clerk of the court in which it is filed and shall have the right to intervene. Judgment of the court in favor of the right of an applicant to a patent shall authorize the Commissioner to issue such patent on the filing in the Patent Office of a certified copy of the judgment and on compliance with the requirements of law.

Section 148.-Presumption of correctness

In any appeal or proceeding under this chapter, the Patent Office decision shall be given a presumption of correctness.

Sec.

Chapter 14-Issue of patent

151. Issue of Patent.

153. How Issued.

154. Contents and term of patent.

155. Patents granted on review.

Section 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, together with a showing of sufficient cause for the late payment, it may be accepted by the Commissioner as though no abandonment or lapse had ever occurred.

Section 153.-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.

Section 154.-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 (e) of this title, to the inventor, his heirs or assigns of the right, during the term of the patent to exclude others from making, using, or selling the invention throughout the United States, referring to the specification 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 twenty years from the date of filing the application in the United States or, if the benefit of the filing date in the United States of a prior application is claimed, from the earliest such prior date claimed. In determining the term of the patent, the date of filing any application in a foreign country which may be claimed by the applicant shall not be taken into consideration.

(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 also be extended for a period equal to the delay incurred due to review under sections 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).

Section 155.-Patents granted on review

An applicant for patent may, after initiating review under sections 141, 145 or 146 of this title, request the issuance of a patent for claims standing allowed in the application. Upon payment of the prescribed fee, issuance of such patent shall occur in accordance with this chapter. As to claims which stand allowed, the patent shall have the force and effect specified in section 154 of this chapter. Each claim in the application not standing allowed shall be identified as such, and shall not have any force and effect, except as provided in section 257 of this title.

Chapter 15-Plant Patents

Sec.

161. Patents for plants.

162. Description, claim.

163. Grant.

164. Assistance of Department of Agriculture.

Section 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. (Amended September 3, 1954, 68 Stat. 1190) (b) The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided.

Section 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.

Section 163.-Grant

In the case of a plant patent the grant shall be of the right to exclude others from asexually reproducing the plant or selling or using the plant so reproduced.

Section 164.-Assistance of Department of Agriculture

The President may by Executive order direct the Secretary of Agriculture, in accordance with the requests 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