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Title 35 — Patents

Part II · Chapter 14 — Issue of Patent

§ 151. Issue of patent

Statutory text

(a)

In General.—

If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.

(b)

Effect of Payment.—

Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.

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. Patent Law Treaties Implementation Act of 2012

    Pub. L. 112–211 title II § 202(b)(6) · 126 Stat. 1527

    Enacted · 35 U.S.C. § 151

    (Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)

    Source evidence

    Code source credit
    (Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)

    Enacted provision · exact public law section
    (6) by striking section 151 and inserting the following: “§ 151. Issue of patent “(a) In General.— If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter. “(b) Effect of Payment.— Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.” ;

1 of 1 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 151, act July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 89–83, § 4, , 79 Stat. 260; Pub. L. 93–601, § 3, , 88 Stat. 1956; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906, related to issue of patent, prior to repeal by Pub. L. 112–211, title II, § 202(b)(6), , 126 Stat. 1536.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 year after , applicable to patents issued before, on, or after that date and patent applications pending on or filed after that date, and not effective with respect to patents in litigation commenced before that date, see section 203 of Pub. L. 112–211, set out as a note under section 27 of this title.

Credits

(Added Pub. L. 112–211, title II, § 202(b)(6), , 126 Stat. 1536.)

Parsed from the official OLRC USLM XML in data/usc_all/usc35.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t35/s151