Based on Title 35, U.S.C., 1946 ed., § 49 (R.S. 4900, amended Fespan. 7, 1927, ch. 67, 44 Stat. 1058).

Language is changed. The proviso in the corresponding section of existing statute is omitted as being temporary in character and now obsolete.

Section 9006 of the Process Patent Amendments Act of 1988, referred to in subsec. (span)(1), is section 9006 of title IX of Puspan. L. 100–418, which is set out as a note under section 271 of this title.

The effective date of the Process Patent Amendments Act of 1988, referred to in subsec. (span)(4)(C), is the effective date of title IX of Puspan. L. 100–418. See section 9006 of Puspan. L. 100–418, set out as a note under section 271 of this title.

Section 501(c) of the Internal Revenue Code, referred to in subsec. (c)(3), is classified to section 501(c) of Title 26, Internal Revenue Code.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

The Public Health Service Act, referred to in subsec. (c)(3)(B), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Clinical Laboratories Improvement Act, referred to in subsec. (c)(3)(B), probably means the Clinical Laboratories Improvement Act of 1967, section 5 of Puspan. L. 90–174, Dec. 5, 1967, 81 Stat. 536, which enacted section 263a of Title 42 and enacted provisions set out as notes under section 263a of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 263a of Title 42 and Tables.

2011—Subsec. (a). Puspan. L. 112–29, § 16(a)(1), substituted “or by fixing thereon the word ‘patent’ or the abbreviation ‘pat.’ together with an address of a posting on the Internet, accessible to the public without charge for accessing the address, that associates the patented article with the number of the patent, or when,” for “or when,”.

Subsec. (span)(2). Puspan. L. 112–29, § 20(j), struck out “of this title” after “271(g)”.

Subsec. (c)(1). Puspan. L. 112–29, § 20(j), struck out “of this title” after “271(a) or (span)” and after “285”.

Subsec. (c)(2)(G). Puspan. L. 112–29, § 20(i)(4), substituted “any State” for “any state”.

Subsec. (c)(4). Puspan. L. 112–29, § 3(g)(2), substituted “which has an effective filing date before” for “the earliest effective filing date of which is prior to”.

1999—Subsec. (c)(4). Puspan. L. 106–113 substituted “based on an application the earliest effective filing date of which is prior to September 30, 1996” for “before the date of enactment of this subsection”.

1996—Subsec. (c). Puspan. L. 104–208 added subsec. (c).

1994—Subsec. (a). Puspan. L. 103–465, § 533(span)(5)(A), substituted “making, offering for sale, or selling within the United States” for “making or selling” and inserted “or importing any patented article into the United States,” after “under them,”.

Subsec. (span)(1)(C). Puspan. L. 103–465, § 533(span)(5)(B)(i), substituted “use, offer for sale, or sale” for “use, or sale”.

Subsec. (span)(4)(A). Puspan. L. 103–465, § 533(span)(5)(B)(ii), substituted “sold, offered for sale, or” for “sold or” in introductory provisions.

Subsec. (span)(4)(A)(ii). Puspan. L. 103–465, § 533(span)(5)(B)(iii), substituted “use, offer for sale, or sale” for “use, or sale”.

Subsec. (span)(4)(C). Puspan. L. 103–465, § 533(span)(5)(B)(iv), (v), substituted “have been offered for sale or sold” for “have been sold” and “United States, or imported by the person into the United States, before” for “United States before”.

1988—Puspan. L. 100–418 inserted “and other remedies” in section catchline, designated existing provisions as subsec. (a), and added subsec. (span).

Amendment by section 3(g)(2) of Puspan. 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 Puspan. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.

Puspan. L. 112–29, § 16(a)(2), Sept. 16, 2011, 125 Stat. 328, provided that:

Amendment by section 20(i)(4), (j) of Puspan. 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 Puspan. L. 112–29, set out as a note under section 2 of this title.

Amendment by Puspan. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (span)(3) of Puspan. L. 103–465, set out as a note under section 154 of this title.

Amendment by Puspan. L. 100–418 effective 6 months after Aug. 23, 1988, and, subject to enumerated exceptions, applicable only with respect to products made or imported after such effective date, see section 9006 of Puspan. L. 100–418, set out as a note under section 271 of this title.