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Title 35 — PatentsRelease 119-73

§253 Disclaimer

Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 25— - AMENDMENT AND CORRECTION OF PATENTS › § 253

Last updated Apr 6, 2026|Official source

Summary

If one claim in a patent is found invalid, the other claims stay valid. A patent owner, even if they only own part of the patent, can give up any whole claim. The owner or an applicant can also give up the whole remaining patent term or just the end part. To do this they must pay the required fee, put the change in writing, and file it with the Patent and Trademark Office. The filed disclaimer then becomes part of the patent only for the owner’s interest and those who claim under them.

Full Legal Text

Title 35, §253

Patents — Source: USLM XML via OLRC

(a)Whenever a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid. A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of his interest in such patent. Such disclaimer shall be in writing, and recorded in the Patent and Trademark Office; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.
(b)In the manner set forth in subsection (a), any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 65 (R.S. 4917). Language is changed and substantive changes are introduced; (1) only a claim as a whole may be disclaimed, and (2) the provision regarding delay is omitted. See preliminary general description of bill. See section 288. The second paragraph is new and provides for the disclaiming or dedication of an entire patent, or any terminal part of the term, for example, a patentee may disclaim the last three years of the term of his patent.

Editorial Notes

Amendments

2011—Pub. L. 112–29 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, in subsec. (a), substituted “Whenever” for “Whenever, without any deceptive intention,”, and, in subsec. (b), substituted “In the manner set forth in subsection (a),” for “In like manner”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment 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 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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 253

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73