Title 35 — PatentsRelease 119-73
§291 Derived patents
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 29— - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 291
Summary
A patent owner can sue the owner of an earlier-filed patent that claims the same invention if that patent’s inventor copied it from the first inventor. The suit must be filed within 1 year after the first patent that names the alleged copier is issued.
Full Legal Text
Title 35, §291
Patents — Source: USLM XML via OLRC
(a)The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section.
(b)An action under this section may be filed only before the end of the 1-year period beginning on the date of the issuance of the first patent containing a claim to the allegedly derived invention and naming an individual alleged to have derived such invention as the inventor or joint inventor.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 66 (R.S. 4918, amended Mar. 2, 1927, ch. 273, § 12, 44 Stat. 1337). Language is changed.
Editorial Notes
Amendments
2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “146”. Pub. L. 112–29, § 3(h)(1), amended section generally. Prior to amendment, text read as follows: “The owner of an interfering patent may have relief against the owner of another by civil action, and the court may adjudge the question of the validity of any of the interfering patents, in whole or in part. The provisions of the second paragraph of section 146 shall apply to actions brought under this section.”
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 AmendmentAmendment by section 3(h)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an
Effective Date
of 2011 Amendment;
Savings Provision
s note under section 100 of this title. Amendment by section 20(j) of 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.
Savings Provision
sProvisions of 35 U.S.C. 291, as in effect on the day before the expiration of the 18-month period beginning on Sept. 16, 2011, apply to each claim of certain applications for patent, and certain patents issued thereon, for which the
Amendments
made by section 3 of Pub. L. 112–29 also apply, see section 3(n)(2) of Pub. L. 112–29, set out as an
Effective Date
of 2011 Amendment;
Savings Provision
s note under section 100 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 291
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73