§ 171. Patents for designs

Statutory text

In General.—

Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.

Applicability of This Title.—

The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.

Filing Date.—

The filing date of an application for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed.

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.

1952
July 19, 1952, ch. 950, 66 Stat. 805 · 66 Stat. 805
Enacted · 35 U.S.C. § 171
July 19, 1952, ch. 950, 66 Stat. 805
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 805
2012
Patent Law Treaties Implementation Act of 2012
Pub. L. 112–211 title II § 202(a) · 126 Stat. 1527
1. Amended · 35 U.S.C. § 171
  Pub. L. 112–211 designated first and second pars. as subsecs. (a) and (b), respectively
2. Inserted · 35 U.S.C. § 171
  Pub. L. 112–211 inserted headings
3. Added · 35 U.S.C. § 171
  Pub. L. 112–211 added subsec. (c)
Source evidence
Code amendment note
Pub. L. 112–211 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, and added subsec. (c).
Enacted provision · exact public law section
(a) In General.— Section 171 of title 35, United States Code, is amended— (1) by striking “Whoever” and inserting “(a) In General.—Whoever”; (2) by striking “The provisions” and inserting “(b) Applicability of This Title.—The provisions”; and (3) by adding at the end the following: “(c) Filing Date.— The filing date of an application for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed.” .
Effective date note
Amendment by Pub. 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 Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 73 (R.S. 4929, amended (1) May 9, 1902, ch. 783, 32 Stat. 193, (2) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212; R.S. 4933).

The list of conditions specified in the corresponding section of existing statute is omitted as unnecessary in view of the general inclusion of all conditions applying to other patents. Language is changed.

Editorial Notes

Amendments

2012—Pub. L. 112–211 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, and added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. 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 Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.

Credits

1952–2012 · 2 acts

1952July 19, 1952, ch. 950, 66 Stat. 805
2012Pub. L. 112–211, title II, § 202(a), Dec. 18, 2012, 126 Stat. 1535.

Show as published

(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 112–211, title II, § 202(a), Dec. 18, 2012, 126 Stat. 1535.)