Title 35, PatentsRelease 119-102
§23 Testimony in Patent and Trademark Office Cases
Title 35 › PART I — UNITED STATES PATENT AND TRADEMARK OFFICE › CHAPTER 2 — PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE › § 23
Summary
Lets the Director make rules for how sworn written statements (affidavits) and recorded oral testimony (depositions) are taken in Patent and Trademark Office cases, and allows any officer who is legally allowed to take depositions for use in United States courts or the courts of the officer’s state to take those affidavits and depositions.
Full Legal Text
Title 35, §23
Patents, Source: USLM XML via OLRC
The Director may establish rules for taking affidavits and depositions required in cases in the Patent and Trademark Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where he resides, may take such affidavits and depositions.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 53 (R.S. 4905). This section is placed in part 1 since it relates to trade-mark cases in the Patent Office as well as to patent cases. Language is changed.
Editorial Notes
Amendments
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in section catchline and text.
Statutory Notes and Related Subsidiaries
Effective Date
of 1999 AmendmentAmendment 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 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. § 23
Title 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102