Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 154 ([Feb. 1, 1952, ch. 4, § 4], [66 Stat. 5]).
Language is changed.
Amendments
2011—[Pub. L. 112–29] designated first to third pars. as subsecs. (a) to (c), respectively, inserted headings, in subsec. (a), struck out “of this title” after “181” in two places and struck out “and without deceptive intent” after “through error”, and, in subsec. (c), struck out “of this title” after “under section 181” in first sentence.
1999—[Pub. L. 106–113] substituted “Commissioner of Patents” for “Commissioner” two places in first par.
1988—[Pub. L. 100–418, § 9101(b)(1)(A)], substituted “filed abroad through error and without deceptive intent” for “inadvertently filed abroad” in first par.
[Pub. L. 100–418, § 9101(b)(1)(B)], added third par. relating to scope of a license.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by [Pub. L. 112–29] effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of [Pub. L. 112–29], set out as a note under section 2 of this title.
Effective Date of 1999 Amendment
Amendment by [Pub. L. 106–113] effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of [Pub. L. 106–113], set out as a note under section 1 of this title.
Effective Date of 1988 Amendment
[Pub. L. 100–418, title IX, § 9101(d)], Aug. 23, 1988, [102 Stat. 1568], provided that:“(1)
Subject to paragraphs (2), (3), and (4) of this subsection, the amendments made by this section [amending sections 184 to 186 of this title] shall apply to all United States patents granted before, on, or after the date of enactment of this section [Aug. 23, 1988], to all applications for United States patents pending on or filed after such date of enactment, and to all licenses under section 184 granted before, on, or after the date of enactment of this section.
“(2)
The amendments made by this section shall not affect any final decision made by a court or the Patent and Trademark Office before the date of enactment of this section [Aug. 23, 1988] with respect to a patent or application for patent, if no appeal from such decision is pending and the time for filing an appeal has expired.
“(3)
No United States patent granted before the date of enactment of this section [Aug. 23, 1988] shall abridge or affect the right of any person or his successors in business who made, purchased, or used, prior to such date of enactment, anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used, if the patent claims were invalid or otherwise unenforceable on a ground obviated by this section and the person made, purchased, or used the specific thing in reasonable reliance on such invalidity or unenforceability. If a person reasonably relied on such invalidity or unenforceability, 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 date of enactment of this section, and it may also provide for the continued practice of any process practiced, or for the practice of which substantial preparation was made, prior to the date of enactment of this section, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before such date of enactment.
“(4)
The amendments made by this section shall not affect the right of any party in any case pending in court on the date of enactment of this section [Aug. 23, 1988] to have its rights or liabilities—
“(A)
under any patent before the court, or
“(B)
under any patent granted after such date of enactment which is related to the patent before the court by deriving priority rights under section 120 or 121 of title 35, United States Code, from a patent or an application for patent common to both patents,
determined on the basis of the substantive law in effect before the date of enactment of this section.”
Promulgation of Regulations
[Pub. L. 100–418, title IX, § 9101(c)], Aug. 23, 1988, [102 Stat. 1568], directed Commissioner of Patents and Trademarks to prescribe such regulations as necessary to implement the amendments made by section 9101 (amending sections 184 to 186 of this title).