Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §§ 13 and 16 (R.S. 489; July 9, 1947, ch. 211, § 301 (part), 61 Stat. 299, repeated in prior and subsequent appropriation acts). Section is amplified to list the publications of the Patent Office, based on 44 U.S.C., 1946 ed., §§ 283, 283a. The second sentence of item 1 of the revised section is a provision appearing annually in appropriation acts to enable the Patent Office to maintain a small printing press to place headings on drawings before the drawings are reproduced. Language is changed.
Prior Provisions
A prior
section 10 was renumbered
section 9 of this title.
Amendments
2002—Subsec. (a). Pub. L. 107–273, § 13206(b)(3)(A), amended directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(b)]. See 1999 Amendment note below. Subsec. (a)1. Pub. L. 107–273, § 13205(2)(A), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)]. See 1999 Amendment note below. Subsec. (b). Pub. L. 107–273, § 13206(b)(1)(B), made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)], renumbered
section 11 of this title as this section. Subsec. (a). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(b)], as amended by Pub. L. 107–273, § 13206(b)(3)(A), which directed the general amendment of the introductory provisions of subsec. (a) of
section 10 of this title to read “The Director may publish in printed, typewritten, or electronic form, the following:”, was executed to this section, which was
section 11 of this title, to reflect the probable intent of Congress. This section was subsequently renumbered
section 10 of this title by Pub. L. 106–113, § 1000(a)(9) [title IV, § 4717(1)]. Prior to amendment, introductory provisions of subsec. (a) read as follows: “The Commissioner may print, or cause to be printed, the following:”. See note above and
Effective Date
of 1999 Amendment note below. Subsec. (a)1. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(1)], as amended by Pub. L. 107–273, § 13205(2)(A), inserted “and published applications for patents” after “Patents”. Subsec. (b). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, § 13206(b)(1)(B), substituted “Director” for “Commissioner”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”, wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date
of 1999 Amendment Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4508], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, as amended by Pub. L. 107–273, div. C, title III, § 13205(3), Nov. 2, 2002, 116 Stat. 1903, provided that: “Except as otherwise provided in this section, sections
4502 through
4504 and 4506 through 4507 [amending sections
10 to
12, 119, 120, 122, 135, 154, 181, 252, 284, and 374 of this title and enacting provisions set out as notes under
section 41 and
122 of this title], and the
Amendments
made by such sections, shall be effective as of November 29, 2000, and shall apply only to applications (including international applications designating the United States) filed on or after that date. The
Amendments
made by
section 4504 [amending
section 154 of this title] shall additionally apply to any pending application filed before November 29, 2000, if such pending application is published pursuant to a request of the applicant under such procedures as may be established by the Director. Except as otherwise provided in this section, the
Amendments
November 29, 2000 and shall apply to all patents and all applications for patents pending on or filed after
November 29, 2000. Patents resulting from an international application filed before
November 29, 2000 and applications published pursuant to
section 122(b) [probably means
section 122(b) of title 35] or Article 21(2) of the treaty defined in
section 351(a) [probably means
section 351(a) of title 35] resulting from an international application filed before
November 29, 2000 shall not be effective as prior art as of the filing date of the international application; however, such patents shall be effective as prior art in accordance with
section 102(e) in effect on
November 28, 2000.” Amendment by
section 1000(a)(9) [title IV, §§ 4717(1), 4732(a)(10)(A)] of 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 1975 AmendmentAmendment by Pub. L. 93–596 effective Jan. 2, 1975, see
section 4 of Pub. L. 93–596, set out as a note under
section 1111 of Title 15, Commerce and Trade.