Section Index to the U.S. Patent Act (35 USC)
after the America Invents Act
This is the section index to the U.S. Patent Act (found in Title 35 of the United States Code) as amended by the Leahy-Smith America Invents Act. The Index is taken from the 9th Edition of the MPEP, Revision 10.2019. Last Revised June 2020.
PART I - UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1 ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
2: Powers and duties.
3: Officers and employees.
4: Restrictions on officers and employees as to interest in patents.
5: Patent and Trademark Office Public Advisory Committees.
6: Patent Trial and Appeal Board.
6 (pre-AIA): Board of Patent Appeals and Interferences.
8: Classification of patents.
9: Certified copies of records.
11: Exchange of copies of patents and applications with foreign countries.
12: Copies of patents and applications for public libraries.
13: Annual report to Congress.
CHAPTER 2 PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
21: Filing date and day for taking action.
22: Printing of papers filed.
23: Testimony in Patent and Trademark Office cases.
24: Subpoenas, witnesses.
25: Declaration in lieu of oath.
26: Effect of defective execution.
27: Revival of applications; reinstatement of reexamination proceedings.
CHAPTER 3 PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
32: Suspension or exclusion from practice.
33: Unauthorized representation as practitioner.
CHAPTER 4 PATENT FEES; FUNDING; SEARCH SYSTEMS
PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 10 PATENTABILITY OF INVENTIONS
100 (note): AIA First inventor to file provisions.
100 (pre-AIA): Definitions.
101: Inventions patentable.
102: Conditions for patentability; novelty.
102 (pre-AIA): Conditions for patentability; novelty and loss of right to patent.
103: Conditions for patentability; non-obvious subject matter.
103 (pre-AIA): Conditions for patentability; non-obvious subject matter.
104 (pre-AIA): Invention made abroad.
105: Inventions in outer space.
CHAPTER 11 APPLICATION FOR PATENT
111 (pre-PLT (AIA)): Application.
111 (pre-AIA): Application.
112 (pre-AIA): Specification.
114: Models, specimens.
115: Inventor's oath or declaration.
115 (pre-AIA): Oath of applicant.
116 (pre-AIA): Inventors.
117: Death or incapacity of inventor.
118: Filing by other than inventor.
118 (pre-AIA): Filing by other than inventor.
119: Benefit of earlier filing date; right of priority.
119 (pre-AIA): Benefit of earlier filing date; right of priority.
120: Benefit of earlier filing date in the United States.
120 (pre-AIA): Benefit of earlier filing date in the United States.
121: Divisional applications.
121 (pre-AIA): Divisional applications.
122: Confidential status of applications; publication of patent applications.
123: Micro entity defined.
CHAPTER 12 EXAMINATION OF APPLICATION
131: Examination of application.
132: Notice of rejection; reexamination.
133: Time for prosecuting application.
134: Appeal to the Patent Trial and Appeal Board.
134 (transitional): Appeal to the Board of Patent Appeals and Interferences.
134 (pre-AIA): Appeal to the Board of Patent Appeals and Interferences.
135: Derivation proceedings.
135 (pre-AIA): Interferences.
CHAPTER 13 REVIEW OF PATENT AND TRADEMARK OFFICE DECISION
141: Appeal to Court of Appeals for the Federal Circuit.
141 (pre-AIA): Appeal to Court of Appeals for the Federal Circuit.
142: Notice of appeal.
143: Proceedings on appeal.
143 (pre-AIA): Proceedings on appeal.
144: Decision on appeal.
145: Civil action to obtain patent.
145 (pre-AIA): Civil action to obtain patent.
146: Civil action in case of derivation proceeding.
146 (pre-AIA): Civil action in case of interference.
CHAPTER 14 ISSUE OF PATENT
151: Issue of patent.
152: Issue of patent to assignee.
153: How issued.
154: Contents and term of patent; provisional rights.
154 (pre-AIA): Contents and term of patent; provisional rights.
156: Extension of patent term.
157 (pre-AIA): Statutory invention registration.
CHAPTER 15 PLANT PATENTS
161: Patents for plants.
162: Description, claim.
164: Assistance of the Department of Agriculture.
CHAPTER 16 DESIGNS
171: Patents for designs.
172: Right of priority.
172 (pre-AIA): Right of priority.
173: Term of design patent.
CHAPTER 17 SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRIES
181: Secrecy of certain inventions and withholding of patent.
182: Abandonment of invention for unauthorized disclosure.
183: Right to compensation.
184: Filing of application in foreign country.
184 (pre-AIA): Filing of application in foreign country.
185: Patent barred for filing without license.
185 (pre-AIA): Patent barred for filing without license.
187: Nonapplicability to certain persons.
188: Rules and regulations, delegation of power.
CHAPTER 18 PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
200: Policy and objective.
202: Disposition of rights.
202 (pre-AIA): Disposition of rights.
203: March-in rights.
204: Preference for United States industry.
206: Uniform clauses and regulations.
207: Domestic and foreign protection of federally owned inventions.
208: Regulations governing Federal licensing.
209: Licensing federally owned inventions.
210: Precedence of chapter.
211: Relationship to antitrust laws.
212: Disposition of rights in educational awards.
PART III - PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 25 AMENDMENT AND CORRECTION OF PATENTS
251: Reissue of defective patents.
251 (pre-AIA): Reissue of defective patents.
252: Effect of reissue.
253 (pre-AIA): Disclaimer.
254: Certificate of correction of Patent and Trademark Office mistake.
255: Certificate of correction of applicant’s mistake.
256: Correction of named inventor.
256 (pre-AIA): Correction of named inventor.
257: Supplemental examinations to consider, reconsider, or correct information.
CHAPTER 26 OWNERSHIP AND ASSIGNMENT
CHAPTER 27 GOVERNMENT INTERESTS IN PATENTS
CHAPTER 28 INFRINGEMENT OF PATENTS
271: Infringement of patent.
272: Temporary presence in the United States.
273: Defense to infringement based on prior commercial use.
CHAPTER 29 REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
281: Remedy for infringement of patent.
282: Presumption of validity; defenses.
285: Attorney fees.
286: Time limitation on damages.
287: Limitation on damages and other remedies; marking and notice.
288: Action for infringement of a patent containing an invalid claim.
288 (pre-AIA): Action for infringement of a patent containing an invalid claim.
289: Additional remedy for infringement of design patent.
290: Notice of patent suits.
291: Derived patents.
291 (pre-AIA): Interfering patents.
292: False marking.
293: Nonresident patentee; service and notice.
294: Voluntary arbitration.
295: Presumptions: Product made by patented process.
296: Liability of States, instrumentalities of States, and State officials for infringement of patents.
297: Improper and deceptive invention promotion.
298: Advice of counsel.
299: Joinder of parties.
CHAPTER 30 PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS
301: Citation of prior art and written statements.
302: Request for reexamination.
303: Determination of issue by Director.
304: Reexamination order by Director.
305: Conduct of reexamination proceedings.
305 (pre-AIA): Conduct of reexamination proceedings.
307: Certificate of patentability, unpatentability, and claim cancellation.
CHAPTER 31 INTER PARTES REVIEW
311 (note): Inter partes review applicability provisions.
311: Inter partes review.
313: Preliminary response to petition.
314: Institution of inter partes review.
315: Relation to other proceedings or actions.
316: Conduct of inter partes review.
318: Decision of the Board.
CHAPTER 31 (pre-AIA) - OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
311 (pre-AIA): Request for inter partes reexamination.
312 (transitional): Determination of issue by Director.
313 (transitional): Inter partes reexamination order by Director.
314 (pre-AIA): Conduct of inter partes reexamination proceedings.
315 (pre-AIA): Appeal.
316 (pre-AIA): Certificate of patentability, unpatentability, and claim cancellation.
317 (pre-AIA): Inter partes reexamination prohibited.
318 (pre-AIA): Stay of litigation.
CHAPTER 32 POST-GRANT REVIEW
321 (note): Post-grant review applicability.
321: Post-grant review.
323: Preliminary response to petition.
324: Institution of post-grant review.
325: Relation to other proceedings or actions.
326: Conduct of post-grant review.
328: Decision of the Board.
PART IV - PATENT COOPERATION TREATY
CHAPTER 35 DEFINITIONS
CHAPTER 36 INTERNATIONAL STAGE
361: Receiving Office.
362: International Searching Authority and International Preliminary Examining Authority.
363: International application designating the United States: Effect.
363 (pre-AIA): International application designating the United States: Effect.
364: International stage: Procedure.
365: Right of priority; benefit of the filing date of a prior application.
366: Withdrawn international application.
367: Actions of other authorities: Review.
368: Secrecy of certain inventions; filing international applications in foreign countries.
CHAPTER 37 NATIONAL STAGE
371: National stage: Commencement.
372: National stage: Requirements and procedure.
374: Publication of international application: Effect.
374 (pre-AIA): Publication of international application: Effect.
375: Patent issued on international application: Effect.
375 (pre-AIA): Patent issued on international application: Effect.
PART V - THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
CHAPTER 38 INTERNATIONAL DESIGN APPLICATIONS
382: Filing international design applications.
383: International design application.
384: Filing date.
385: Effect of international design application.
386: Right of priority.
387: Relief from prescribed time limits.
388: Withdrawn or abandoned international design application.
389: Examination of international design application.
390: Publication of international design application.