§ 111. Application

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   July 19, 1952, ch. 950, 66 Stat. 798 · 66 Stat. 798

   Enacted · 35 U.S.C. § 111

   July 19, 1952, ch. 950, 66 Stat. 798

   Source evidence

   Code source credit
   July 19, 1952, ch. 950, 66 Stat. 798

2. 1982

   Pub. L. 97–247 § 5 · 96 Stat. 317

   1. Inserted · 35 U.S.C. § 111

      Pub. L. 97–247 inserted “, or authorized to be made,” after “shall be made”

   2. Struck · 35 U.S.C. § 111

      Pub. L. 97–247 struck out the colon after “shall include”

   3. Struck · 35 U.S.C. § 111

      Pub. L. 97–247 struck out “signed by the applicant and” after “The application”

   4. Inserted · 35 U.S.C. § 111

      Pub. L. 97–247 inserted provisions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office

   Source evidence

   Code amendment note
   Pub. L. 97–247 inserted “, or authorized to be made,” after “shall be made”, struck out the colon after “shall include”, struck out “signed by the applicant and” after “The application”, and inserted provisions that the fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner, that upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable, and that the filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.

   Enacted provision · exact public law section
   Sec. 5. Section 111 of title 35, United States Code, is amended to read as follows: “Sec. 111. Application for patent shall be made, or authorized to Applications. be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include (1) a specification as prescribed by section 112 of this title; (2) a drawing 35 USC 112. 35 USC 113. 85 USC 115. as prescribed by section 113 of this title; and (3) an oath by the applicant as prescribed by section 115 of this title. The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing Filing date. date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.”.

3. 1994

   Pub. L. 103–465 title V § 532(b)(3) · 108 Stat. 4809

   Amended · 35 U.S.C. § 111

   Pub. L. 103–465 amended section generally. Prior to amendment, section read as follows: “Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include (1) a specification as prescribed by section 112 of this title; (2) a drawing as prescribed by section 113 of this title; and (3) an oath by the applicant as prescribed by section 115 of this title. The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.”

   Source evidence

   Code amendment note
   Pub. L. 103–465 amended section generally. Prior to amendment, section read as follows: “Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include (1) a specification as prescribed by section 112 of this title; (2) a drawing as prescribed by section 113 of this title; and (3) an oath by the applicant as prescribed by section 115 of this title. The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.”

   Enacted provision · exact public law section
   (3) Applications.— Section 111 of title 35, United States Code, is amended to read as follows: “§111. Application “(a) In General.— “(1) Written application.— An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. “(2) Contents.— Such application shall include— “(A) a specification as prescribed by section 112 of this title; “(B) a drawing as prescribed by section 113 of this title; and “(C) an oath by the applicant as prescribed by section 115 of this title. “(3) Fee and oath.— The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. “(4) Failure to submit.— Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable or unintentional. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office. “(b) Provisional Application.— “(1) Authorization.— A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include— “(A) a specification as prescribed by the first paragraph of section 112 of this title; and “(B) a drawing as prescribed by section 113 of this title. “(2) Claim.— A claim, as required by the second through fifth paragraphs of section 112, shall not be required in a provisional application. “(3) Fee.— (A) The application must be accompanied by the fee required by law. “(B) The fee may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. “(C) Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee was unavoidable or unintentional. “(4) Filing date.— The filing date of a provisional application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office. “(5) Abandonment.— The provisional application shall be regarded as abandoned 12 months after the tiling date of such application and shall not be subject to revival thereafter. “(6) Other basis for provisional application.— Subject to all the conditions in this subsection and section 119(e) of this title, and as prescribed by the Commissioner, an application for patent filed under subsection (a) may be treated as a provisional application for patent. “(7) No right of priority or benefit of earliest filing date.— A provisional application shall not be entitled to the right of priority of any other application under section 119 or 365(a) of this title or to the benefit of an earlier filing date in the United States under section 120, 121, or 365(c) of this title. “(8) Applicable provisions— The provisions of this title relating to applications for patent shall apply to provisional applications for patent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 115, 131,135, and 157 of this title.”.

4. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

   1. Amended · 35 U.S.C. § 111(a)(1); 35 U.S.C. § 111(a)(3); 35 U.S.C. § 111(a)(4); 35 U.S.C. § 111(b)(1); 35 U.S.C. § 111(3)(B); 35 U.S.C. § 111(a)(C)

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273

   2. Substituted · 35 U.S.C. § 111(a)(1); 35 U.S.C. § 111(a)(3); 35 U.S.C. § 111(a)(4); 35 U.S.C. § 111(b)(1); 35 U.S.C. § 111(3)(B); 35 U.S.C. § 111(a)(C)

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as substituted “Director” for “Commissioner”

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (3), (4), (b)(1), (3)(B), (C). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

5. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 § 1000(a)(9)(tIV)(s4801)(a) · 113 Stat. 1501

   Amended · 35 U.S.C. § 111(b)(5)

   Pub. L. 106–113, § 1000(a)(9) [title IV, § 4801(a)], amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “The provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival thereafter.”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4801(a)], amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “The provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival thereafter.”

6. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

   1. Amended · 35 U.S.C. § 111(b)(6)

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273

   2. Substituted · 35 U.S.C. § 111(b)(6)

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as substituted “Director” for “Commissioner”

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

7. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

   Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

   Changed · 35 U.S.C. § 111(a)(1); 35 U.S.C. § 111(a)(3); 35 U.S.C. § 111(a)(4); 35 U.S.C. § 111(b)(1); 35 U.S.C. § 111(3)(B); 35 U.S.C. § 111(a)(C); 35 U.S.C. § 111(a)(6)

   Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment notes below

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (3), (4), (b)(1), (3)(B), (C), (6). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment notes below.

   Enacted provision · exact public law section
   (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

8. 2011

   Pub. L. 112–29 § 20(j) · 125 Stat. 287

   Struck · 35 U.S.C. § 111(a)(2)(A)

   Pub. L. 112–29, § 20(j), struck out “of this title” after “112”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 112–29, § 20(j), struck out “of this title” after “112”.

   Enacted provision · exact public law section
   (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

9. 2011

   Pub. L. 112–29 § 20(j) · 125 Stat. 287

   Struck · 35 U.S.C. § 111(a)(2)(B)

   Pub. L. 112–29, § 20(j), struck out “of this title” after “113”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 112–29, § 20(j), struck out “of this title” after “113”.

   Enacted provision · exact public law section
   (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

10. 2011

    Pub. L. 112–29 § 20(j) · 125 Stat. 287

    Struck · 35 U.S.C. § 111(a)(2)(C)

    Pub. L. 112–29, § 20(j), struck out “of this title” after “115”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 112–29, § 20(j), struck out “of this title” after “115”.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

11. 2011

    Pub. L. 112–29 § 4(a)(3)(A) · 125 Stat. 287

    Substituted · 35 U.S.C. § 111(a)(2)(C)

    Pub. L. 112–29, § 4(a)(3)(A), substituted “or declaration” for “by the applicant”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–29, § 4(a)(3)(A), substituted “or declaration” for “by the applicant”.

    Enacted provision · exact public law section
    (A) in paragraph (2)(C), by striking “by the applicant” and inserting “or declaration”;

12. 2011

    Pub. L. 112–29 § 4(a)(3)(B) · 125 Stat. 287

    Inserted · 35 U.S.C. § 111(a)(3)

    Pub. L. 112–29, § 4(a)(3)(B), (C), inserted “or declaration” after “and oath” in heading and text

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 112–29, § 4(a)(3)(B), (C), inserted “or declaration” after “and oath” in heading and text.

    Enacted provision · exact public law section
    (B) in the heading for paragraph (3), by inserting “or declaration” after “and oath”; and

13. 2011

    Pub. L. 112–29 § 4(a)(3)(C) · 125 Stat. 287

    Inserted · 35 U.S.C. § 111(a)(4)

    Pub. L. 112–29, § 4(a)(3)(C), inserted “or declaration” after “and oath” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 112–29, § 4(a)(3)(C), inserted “or declaration” after “and oath” in two places.

    Enacted provision · exact public law section
    (C) by inserting “or declaration” after “and oath” each place it appears.

14. 2011

    Pub. L. 112–29 § 4(d)(1) · 125 Stat. 287

    Substituted · 35 U.S.C. § 111(b)(1)(A)

    Pub. L. 112–29, § 4(d)(1), substituted “section 112(a)” for “the first paragraph of section 112 of this title”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 112–29, § 4(d)(1), substituted “section 112(a)” for “the first paragraph of section 112 of this title”.

    Enacted provision · exact public law section
    (1) Sections 111(b)(1)(A) of title 35, United States Code, is amended by striking “the first paragraph of section 112 of this title” and inserting “section 112(a)”.

15. 2011

    Pub. L. 112–29 § 20(j) · 125 Stat. 287

    Struck · 35 U.S.C. § 111(b)(1)(B)

    Pub. L. 112–29, § 20(j), struck out “of this title” after “113”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 112–29, § 20(j), struck out “of this title” after “113”.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

16. 2011

    Pub. L. 112–29 § 4(d)(2) · 125 Stat. 287

    Substituted · 35 U.S.C. § 111(b)(2)

    Pub. L. 112–29, § 4(d)(2), substituted “subsections (b) through (e) of section 112,” for “the second through fifth paragraphs of section 112,”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–29, § 4(d)(2), substituted “subsections (b) through (e) of section 112,” for “the second through fifth paragraphs of section 112,”.

    Enacted provision · exact public law section
    (2) Section 111(b)(2) of title 35, United States Code, is amended by striking “the second through fifth paragraphs of section 112,” and inserting “subsections (b) through (e) of section 112,”.

17. 2011

    Pub. L. 112–29 § 20(j) · 125 Stat. 287

    Struck · 35 U.S.C. § 111(b)(5)

    Pub. L. 112–29, § 20(j), struck out “of this title” after “119(e)(3)”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 112–29, § 20(j), struck out “of this title” after “119(e)(3)”.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

18. 2011

    Pub. L. 112–29 § 20(j) · 125 Stat. 287

    Struck · 35 U.S.C. § 111(b)(6)

    Pub. L. 112–29, § 20(j), struck out “of this title” after “119(e)”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 112–29, § 20(j), struck out “of this title” after “119(e)”.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

19. 2011

    Pub. L. 112–29 § 20(j) · 125 Stat. 287

    Struck · 35 U.S.C. § 111(b)(7)

    Pub. L. 112–29, § 20(j), struck out “of this title” after “365(a)” and after “365(c)”

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 112–29, § 20(j), struck out “of this title” after “365(a)” and after “365(c)”.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

20. 2011

    Pub. L. 112–29 § 20(j) · 125 Stat. 287

    Struck · 35 U.S.C. § 111(b)(8)

    Pub. L. 112–29, § 20(j), struck out “of this title” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 112–29, § 20(j), struck out “of this title” before period at end.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

21. 2011

    Pub. L. 112–29 § 3(e)(2) · 125 Stat. 287

    Substituted · 35 U.S.C. § 111(b)(8)

    Pub. L. 112–29, § 3(e)(2), substituted “sections 131 and 135” for “sections 115, 131, 135, and 157”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–29, § 3(e)(2), substituted “sections 131 and 135” for “sections 115, 131, 135, and 157”.

    Enacted provision · exact public law section
    (2) Removal of cross references.— Section 111(b)(8) of title 35, United States Code, is amended by striking “sections 115, 131, 135, and 157” and inserting “sections 131 and 135”.

22. 2012

    Patent Law Treaties Implementation Act of 2012

    Pub. L. 112–211 § 201(a)(1) · 126 Stat. 1527

    1. Added · 35 U.S.C. § 111(a)(3); 35 U.S.C. § 111(a)(4)

       Pub. L. 112–211, § 201(a)(1), added pars. (3) and (4)

    2. Struck · 35 U.S.C. § 111(a)(3); 35 U.S.C. § 111(a)(4)

       Pub. L. 112–211, § 201(a)(1), struck out former pars. (3) and (4) which related to fee and oath or declaration and failure to submit

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 112–211, § 201(a)(1), added pars. (3) and (4) and struck out former pars. (3) and (4) which related to fee and oath or declaration and failure to submit.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: “(3) Fee, oath or declaration, and claims.— The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned. “(4) Filing date.— The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.” ;

    Effective date note
    Amendment by section 102(3) of Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as a note under section 100 of this title. Amendment by section 201(a) of Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to certain patents and applications for patent, and not effective with respect to patents in litigation commenced before the effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.

23. 2012

    Patent Law Treaties Implementation Act of 2012

    Pub. L. 112–211 § 201(a)(2) · 126 Stat. 1527

    1. Added · 35 U.S.C. § 111(b)(3); 35 U.S.C. § 111(b)(4)

       Pub. L. 112–211, § 201(a)(2), added pars. (3) and (4)

    2. Struck · 35 U.S.C. § 111(b)(3); 35 U.S.C. § 111(b)(4)

       Pub. L. 112–211, § 201(a)(2), struck out former pars. (3) and (4) which related to fee and filing date of a provisional application

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 112–211, § 201(a)(2), added pars. (3) and (4) and struck out former pars. (3) and (4) which related to fee and filing date of a provisional application.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking paragraphs (3) and (4) and inserting the following: “(3) Fee.— The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned. “(4) Filing date.— The filing date of a provisional application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.” ; and

    Effective date note
    Amendment by section 102(3) of Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as a note under section 100 of this title. Amendment by section 201(a) of Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to certain patents and applications for patent, and not effective with respect to patents in litigation commenced before the effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.

24. 2012

    Patent Law Treaties Implementation Act of 2012

    Pub. L. 112–211 § 102(3) · 126 Stat. 1527

    1. Substituted · 35 U.S.C. § 111(b)(7)

       Pub. L. 112–211, § 102(3), substituted “section 119, 365(a), or 386(a)” for “section 119 or 365(a)”

    2. Substituted · 35 U.S.C. § 111(b)(7)

       Pub. L. 112–211, § 102(3), substituted “section 120, 121, 365(c), or 386(c)” for “section 120, 121, or 365(c)”

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 112–211, § 102(3), substituted “section 119, 365(a), or 386(a)” for “section 119 or 365(a)” and “section 120, 121, 365(c), or 386(c)” for “section 120, 121, or 365(c)”.

    Enacted provision · exact public law section
    (3) in section 111(b)(7)— (A) by striking “section 119 or 365(a)” and inserting “section 119, 365(a), or 386(a)”; and (B) by striking “section 120, 121, or 365(c)” and inserting “section 120, 121, 365(c), or 386(c)”;

    Effective date note
    Amendment by section 102(3) of Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as a note under section 100 of this title. Amendment by section 201(a) of Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to certain patents and applications for patent, and not effective with respect to patents in litigation commenced before the effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.

25. 2012

    Patent Law Treaties Implementation Act of 2012

    Pub. L. 112–211 § 201(a)(3) · 126 Stat. 1527

    Added · 35 U.S.C. § 111(c)

    Pub. L. 112–211, § 201(a)(3), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–211, § 201(a)(3), added subsec. (c).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(c) Prior Filed Application.— Notwithstanding the provisions of subsection (a), the Director may prescribe the conditions, including the payment of a surcharge, under which a reference made upon the filing of an application under subsection (a) to a previously filed application, specifying the previously filed application by application number and the intellectual property authority or country in which the application was filed, shall constitute the specification and any drawings of the subsequent application for purposes of a filing date. A Records. copy of the specification and any drawings of the previously filed application shall be submitted within such period and under such conditions as may be prescribed by the Director. A failure to submit the copy of the specification and any drawings of the previously filed application within the prescribed period shall result in the application being regarded as abandoned. Such application shall be treated as having never been filed, unless— “(1) the application is revived under section 27; and “(2) a copy of the specification and any drawings of the previously filed application are submitted to the Director.” .

    Effective date note
    Amendment by section 102(3) of Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as a note under section 100 of this title. Amendment by section 201(a) of Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to certain patents and applications for patent, and not effective with respect to patents in litigation commenced before the effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.

27 of 33 references resolved to an enrolled provision · 6 partial