§2190 — Title 42 The Public Health and Welfare | U.S. Code

Summary

An applicant can have a patent application that the Patent Office denied under sections 1811(a)(1), 1811(a)(2), or 1811(b) reinstated by applying to the Commissioner of Patents and Trademarks within one year after August 30, 1954, if not barred by sections 2181 or 2185. If reinstated, the application is treated as if it had been pending since its original filing date, but any patent that issues from it cannot be used to make a claim against the United States government.

Title 42, §2190

The Public Health and Welfare — Source: USLM XML via OLRC

Any patent application on which a patent was denied by the United States Patent and Trademark Office under section 1811(a)(1), 1811(a)(2), or 1811(b) 11 See References in Text note below. of this title, and which is not prohibited by section 2181 or 2185 of this title may be reinstated upon application to the Commissioner of Patents and Trademarks within one year after August 30, 1954 and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1811(a)(1), 1811(a)(2), and 1811(b) of this title, referred to in text, were omitted from the Code in the general amendment and renumbering of act Aug. 1, 1946 (which was classified to section 1801 et seq. of this title) by act Aug. 30, 1954, ch. 1073, 68 Stat. 919.

Statutory Notes and Related Subsidiaries

Change of Name

Patent Office and Commissioner of Patents changed to Patent and Trademark Office and Commissioner of Patents and Trademarks, respectively, pursuant to Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents.

§2190 Saving Clause for Prior Patent Applications