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Sec.

which in his judgment would encourage invention and progress in the useful arts. Such dissemination may be made by periodical or other publications, the preparation and display of exhibits, and other appropriate means.

le) The Commissioner may exchange copies of any of the publications specified in subsections (a) and (b) for publications desirable for the use of the Patent Office, and furnish copies of any of these publications to international intergovernmental organizations of which the United States is a member. Section 12.-Research and studies

The Commissioner shall conduct a program of research and development to improve and expedite the handling, classification, storage, and retrieval of patents and other scientific and technical information. Section 13.--Copies of patents for public libraries

The Commissioner may supply copies of specifications and drawings of patents to public libraries in the United States which shall maintain such copies for the use of the public, at the rate for each year's issue established for this purpose in section 41 (a) (9) of this title.

Chapter 2-Proceedings in the Patent Office 21. Day for taking action falling on Saturday, Sunday, or holiday. 22. Form of papers filed. 23. Testimony in Patent Office cases. 21. Subpoenas, witnesses. 23. Oath and declaration in lieu of oath. 26. Effect of deffective execution. 27. Effective date of documents and fees to be filed in the Patent Office. Scction 21.-Day for taking action falling on Saturday, Sunday, or holiday

When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, a holiday within the District of Columbia, or on any other day the Patent Office is closed, the action may be taken, or the fee paid, on the next succeeding secular or business day. Section 22.-Form of papers filed

The Commissioner may be regulation prescribe the form of papers filed in the Patent Office. Section 23.Evidence in Patent Ofice cases

The Commissioner shall establish regulations for the presentation and production of evidence in Patent Office proceedings including affidavits, depositions, discovery and other evidence, which regulations shall provide parties with a reasonable and expeditious means of obtaining and producing evidence. Section 24.-Subpoenas, witnesses

(a) The clerk of any United States court for the district wherein testimony is to be taken in accordance with regulations established by the Commissioner for use in any case in the Patent Office shall, upon the application of any party thereto, issue a subpoena for any witness residing or being within such district, commanding him to appear and testify before an officer in such district authorized to take testimony, depositions, and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses, discovery and the production of documents and things shall apply to contested cases in the Patent Office insofar as consistent with Patent Office regulations established under Section 23 of this title.

(b) Every witness subpoened and in attendance shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.

(c) A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena, unless his fees and traveling expenses in going to, and returning from, and one dar's attendance at the place of examination, are paid or tendered him at the time of the service of the subpoena; nor for refusing to disclose any

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secret matter except upon appropriate order of the court which issued the subpoena. Section 25.-Oath and declaration in lieu of oath

(a) An oath to be filed in the Patent Office may be made before any person within the United States authorized by law to administer oaths, or, when made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer authorized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by certificate of a diplomatic or consular officer of the United States, and such oath shall be valid if it complies with the laws of the state or country where made.

(b) The Commissioner may by regulation prescribe that any document to be filed in the Patent Office and which is required by any law or regulation to be under oath may be subscribed to by a written declaration in such form as the Commissioner may prescribe, such declaration to be in lieu of the oath otherwise required.

(c) Whenever such written declaration is used, the document must warn the declarant that willful false statements and the like are subject to punishment including fine or imprisonment, or both (18 U.S.C. 1001).

(d) The Commissioner may by regulation prescribe that any oath declaration of a person not fluent in English shall be in a language in which he is fluent together with an English translation thereof, the accuracy of which shall be attested to pursuant to such rules as the Commissioner may prescribe. Section 26.Effect of defective execution

Any document to be filed in the Patent Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Commissioner despite a defective execution provided a properly executed document is submitted within such time as may be prescribed. Section 27.Effective date of documents and fees to be filed in the Patent

Office The Commissioner may by regulation prescribe that an application for Letters Patent, any other document or thing, or a fee shall be deemed to have been filed in the Patent Office as of the day of deposit thereof in the United States mails and the Commissioner may by regulation prescribe the conditions which must be fulfilled to make such deposit as effective as a filing in the Patent Office as of the date of such deposit.

Chapter 3Practice Before Patent Office Sec. 31. Regulations for agents and attorneys. 32. Suspension or exclusion from practice. 33. Unauthorized practice. Section 31.-Regulations for agents and attorneys

The Commissioner may prescribe regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Patent Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office. Section 32.-Suspension or exclusion from practice

The Commissioner may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 31 of this chapter, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the

Office. The reasons for any such suspension or exclusion shall be duly recorded. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Commissioner upon the petition of the person so suspended or excluded, or refused recognition under section 31 of this title. Secting 33.Unauthorized practice (a) Whoever, not being recognized to practice before the Patent Office

(1) holds himself out or knowingly permits himself to be held out as so recognized, or

(2) holds himself out or knowingly permits himself to be held out as available either to perform the service of preparing or prosecuting an application for patent or to provide such service to be performed by a person not so recognized or by an unidentified person, or

(3) for compensation, either performs the service of preparing or prosecuting an application for patent for another not so recognized or provides such service to be performed by a person not so recognized or

by an unidentified person, shall be punished by imprisonment not exceeding one year, or a fine not exceeding $1,000 for each offense, or both.

(b) Where an agent, attorney, or firm recognized to pra tice before the Patent Office, assumes responsibility for the service of preparing or prosecuting a patent application at the time such service is rendered, the service shall be considered as performed by such agent, attorney, or firm within the meaning of this section.

Chapter 4-Patent Fees Sec. 41. Patent fees. 42. Payment of patent fees; return of excess amounts. Section 41.-Patent fees

(a) The Commissioner shall charge the following fees : 1. On filing each application for an original patent, except in design cases, $65 ; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of one, and $2 for each claim whether independent or dependent, which is in excess of ten. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.

2. For issuing each original or reissue patent, except in design cases, $100; in addition, $10 for each page (or portion thereof) of specification as printed, and $2 for each sheet of drawing. 3. In design cases :

a. On filing each design application, $20.

b. On issuing each design patent: For three years and six months, $10; for seven years $20; and for fourteen years $30. 4. On filing each application for the reissue of a patent, $65; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $2 for each claim (whether independent or dependent) which is in excess of ten and also in excess of the number of claims of the original patent. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.

5. On filing each disclaimer, $15.

6. On appeal for the first time from the examiner to the Board of Appeals, $50; in addition, on filing a brief in support of the appeal, $50.

7. On filing each petition for the revival of an abandoned application for a patent or for the delayed payment of the fee for issuing each patent, $15.

8. For certificate under section 255 or under section 256 of this title, $15. 9. As available and if in print: For uncertified printed copies of specifications and drawings of patents (except design patents), 50 cents per copy ; for design patents, 20 cents per copy; the ('ommissioner may establish a charge not to exceed $1 per copy for patents in excess of twenty-five pages of drawings and specifications and for plant patents printed in color: special rates for libraries specified in section 13 of this title, $50 for patents issued in one year. The Commissioner may, without charge, provide applicants with copies of specifications and drawings of patents when referred to in a notice under section 132.

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.---

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12 15 23 25 27 29 30 31 36

Chapter 10-Patentability 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 excludes 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 loss 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 inrention 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; or

(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 haring 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

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