Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 37 (R.S. 4894, amended (1) Mar. 3, 1897, ch. 391, § 4, 29 Stat. 692, 693, (2) July 6, 1916, ch. 225, § 1, 39 Stat. 345, 347–8, (3) Mar. 2, 1927, ch. 273, § 1, 44 Stat. 1335, (4) Aug. 7, 1939, ch. 568, 53 Stat. 1264).

The opening clause of the corresponding section of existing statute is omitted as having no present day meaning or value and the last two sentences are omitted for inclusion in section 267. The notice is stated as given or mailed. Language is revised.

Editorial Notes
Amendments

2012—Puspan. L. 112–211 struck out “, unless it be shown to the satisfaction of the Director that such delay was unavoidable” before period at end.

2002—Puspan. L. 107–273 made technical correction to directory language of Puspan. L. 106–113. See 1999 Amendment note below.

1999—Puspan. L. 106–113, as amended by Puspan. L. 107–273, substituted “Director” for “Commissioner” in two places.

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 1999 Amendment

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.