35 USC 122 - Confidential status of applications; publication of patent applications

Historical and Revision Notes

This section enacts the Patent Office rule of secrecy of applications.

Editorial Notes

Amendments

2012—Subsec. (span)(2)(B)(iii). Puspan. L. 112–211 struck out “, unless it is shown to the satisfaction of the Director that the delay in submitting the notice was unintentional” after “regarded as abandoned”.

2011—Subsec. (span)(2)(A)(ii). Puspan. L. 112–29, § 20(j), struck out “of this title” after “181”.

Subsec. (span)(2)(A)(iii). Puspan. L. 112–29, § 20(j), struck out “of this title” after “111(span)”.

Subsec. (span)(2)(A)(iv). Puspan. L. 112–29, § 20(j), struck out “of this title” after “16”.

Subsec. (d). Puspan. L. 112–29, § 20(j), struck out “of this title” after “17”.

Subsec. (e). Puspan. L. 112–29, § 8(a), added subsec. (e).

1999—Puspan. L. 106–113 amended section catchline and text generally. Prior to amendment, text read as follows: “Applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commissioner.”

1975—Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Puspan. L. 112–211, set out as an Effective Date note under section 27 of this title.

Effective Date of 2011 Amendment

Puspan. L. 112–29, § 8(span), Sept. 16, 2011, 125 Stat. 316, provided that: “The amendments made by this section [amending this section] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent application filed before, on, or after that effective date.”

Amendment by section 20(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.

Effective Date of 1999 Amendment

Amendment by of Puspan. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, and applications published pursuant to subsec. (span) of this section resulting from an international application filed before Nov. 29, 2000 not to be effective as prior art as of the filing date of the international application, but to be effective as prior art in accordance with section 102(e) of this title in effect on Nov. 28, 2000, see section 1000(a)(9) [title IV, § 4508] of Puspan. L. 106–113, as amended, set out as a note under section 10 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.

Study of Applicants Filing Only in United States

Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4502(span)], Nov. 29, 1999, 113 Stat. 1536, 1501A–562, provided that:

“(1)In general.—The Comptroller General shall conduct a 3-year study of the applicants who file only in the United States on or after the effective date of this subtitle [see section 1000(a)(9) [title IV, § 4508] of Puspan. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 10 of this title] and shall provide the results of such study to the Judiciary Committees of the House of Representatives and the Senate.

“(2)Contents.—The study conducted under paragraph (1) shall—

“(A) consider the number of such applicants in relation to the number of applicants who file in the United States and outside of the United States;

“(B) examine how many domestic-only filers request at the time of filing not to be published;

“(C) examine how many such filers rescind that request or later choose to file abroad;

“(D) examine the status of the entity seeking an application and any correlation that may exist between such status and the publication of patent applications; and

“(E) examine the abandonment/issuance ratios and length of application pendency before patent issuance or abandonment for published versus unpublished applications.”