Lapas attēli
PDF
ePub

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

"CHAPTER 15.-PLANT PATENTS *See. "161. Patents for plants. "162. Description, claim. **103. Grant. “164. 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 condi. tions 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. "3 181. 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. Upon 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. 8 182. 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 Government shall begin on the date of the first use of such subject matter hy the Government and shall terminate not later than twenty years froin 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

ettlement 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 repretentatives, 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 Clailus or in the district court of the United States for the district in which much 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, hy the Government. The owner of any patent issued upon an application that was subject to a secrecy order issued pursuant to section 181 of this chapter, who did not apply for compensation as abore provided, shall have 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 l'nited States of the patent. In a suit under the provisions of this section the l'nited 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 who, while in the full-time employment or service of the United States, discurered, 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 avarded compensation for damages caused by reason of an order of secrecy lug the ('ourt of Claims shall be required to disclaim the terminal portion of the patent term equal in duration to any extension granted under the provions 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

paign 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 shull 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 20 slied.

"1b) The term 'application' when used in this chapter includes applications and any modifications, amendments, or supplements thereto, or divisions thereof.

*() No license shall be required subsequent to the filing of a foreign afilication 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 Iwatter 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

"Xotwithstanding any other provisions of law any person, and his succesKors, assigns, or legal representatives, shall not receive a United States atent for subject matter described in an application if that person, or his Hepssors, assigns, or legal representatives shall, without 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 top for the registration of a utility model, industrial design, or model in rexpect to such subbject matter. A United States patent if issued for such person, his successors, assigns, or legal representatives shall be invalid. "§ 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 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. "§ 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. "S 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 wbich 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. $ 193. Examination 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. Votice 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 **See. “201. Reissue of defective patents. **22. Effect of reissue. *203. Disclaimer. **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 Dew and amended application, for the unexpired part of the term of the origiual patent. No new matter shall be introduced into the application for reissue.

"(th) 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 pro(peding 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. "I 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 a 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 eurt hefore 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

23-932–743

« iepriekšējāTurpināt »