§24 — Title 35 Patents | U.S. Code

Summary

Court clerks must issue subpoenas when a party asks, so any witness who lives or is in that court district can be ordered to appear and give testimony or a deposition to an authorized officer at the time and place listed. The same federal civil rules about bringing witnesses and producing papers apply to these Patent and Trademark Office cases. Witnesses get the same pay and travel reimbursement as for U.S. district court witnesses. A judge can force compliance or punish a witness who was served and then refused to come or testify. A witness cannot be held in contempt for disobeying unless, when the subpoena was served, their travel costs and pay for the trip and one day’s attendance were paid or offered. A witness also cannot be forced to reveal a secret unless the issuing court orders it.

Title 35, §24

Patents — Source: USLM XML via OLRC

The clerk of any United States court for the district wherein testimony is to be taken for use in any contested case in the Patent and Trademark Office, shall, upon the application of any party thereto, issue a subpoena for any witness residing or being within such district, commanding him to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and to the production of documents and things shall apply to contested cases in the Patent and Trademark Office. Every witness subpoenaed and in attendance shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts. A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless his fees and traveling expenses in going to, and returning from, and one day’s attendance at the place of examination, are paid or tendered him at the time of the service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§ 54, 55 and 56 (R.S. 4906, amended Feb. 18, 1922, ch. 58, § 7, 42 Stat. 389, 391–2; R.S. 4907; R.S. 4908). Three sections of the existing statute are combined with some changes in language and placed in part 1 since they apply to trade-mark cases in the Patent Office as well as to patent cases. Reference to a repealed statute in the first paragraph is replaced by reference to the Federal Rules of Civil Procedure and certain rules are made applicable.

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places.

Statutory Notes and Related Subsidiaries

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.

§24 Subpoenas, Witnesses