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Title 35 — Patents

Part II · Chapter 16 — Designs

§ 173. Term of design patent

Statutory text

Patents for designs shall be granted for the term of 15 years from the date of grant.

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. July 19, 1952, ch. 950, 66 Stat. 805 · 66 Stat. 805

    Enacted · 35 U.S.C. § 173

    July 19, 1952, ch. 950, 66 Stat. 805

    Source evidence

    Code source credit
    July 19, 1952, ch. 950, 66 Stat. 805

  2. Pub. L. 97–247 § 16 · 96 Stat. 317

    Substituted · 35 U.S.C. § 173

    Pub. L. 97–247 substituted “Patents for designs shall be granted for the term of fourteen years” for “Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant, in his application, elects”

    Source evidence

    Code amendment note
    Pub. L. 97–247 substituted “Patents for designs shall be granted for the term of fourteen years” for “Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant, in his application, elects”.

    Enacted provision · exact public law section
    Sec. 16. Section 173 of title 35, United States Code, is amended to read as follows: “Patents for designs shall be granted for the term of fourteen years.”

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

    Inserted · 35 U.S.C. § 173

    Pub. L. 103–465 inserted “from the date of grant” after “years”

    Source evidence

    Code amendment note
    Pub. L. 103–465 inserted “from the date of grant” after “years”.

    Enacted provision · exact public law section
    (3) Section 173 of title 35, United States Code, is amended by inserting “from the date of grant” after “years”.

  4. Patent Law Treaties Implementation Act of 2012

    Pub. L. 112–211 title I § 102(7) · 126 Stat. 1527

    Substituted · 35 U.S.C. § 173

    Pub. L. 112–211 substituted “15 years” for “fourteen years”

    Source evidence

    Code amendment note
    Pub. L. 112–211 substituted “15 years” for “fourteen years”.

    Enacted provision · exact public law section
    (7) in section 173, by striking “fourteen years” and inserting “15 years”;

    Effective date note
    Amendment by 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.

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., § 77 (R.S. 4931). Language is changed slightly.

Editorial Notes

Amendments1982–2012 · 3 rounds

2012

Pub. L. 112–211 substituted “15 years” for “fourteen years”.

1994

Pub. L. 103–465 inserted “from the date of grant” after “years”.

1982

Pub. L. 97–247 substituted “Patents for designs shall be granted for the term of fourteen years” for “Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant, in his application, elects”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–211 effective on the later of the date that is 1 year after , 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 (), 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.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective 6 months after , and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) of Pub. L. 103–465, set out as a note under section 154 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–247 effective , see section 17(a) of Pub. L. 97–247, set out as a note under section 41 of this title.

Credits

1952–2012 · 4 acts
  1. 1952July 19, 1952, ch. 950, 66 Stat. 805
  2. 1982Pub. L. 97–247, § 16, , 96 Stat. 321
  3. 1994Pub. L. 103–465, title V, § 532(c)(3), , 108 Stat. 4987
  4. 2012Pub. L. 112–211, title I, § 102(7), , 126 Stat. 1532.
Show as published

(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 97–247, § 16, , 96 Stat. 321; Pub. L. 103–465, title V, § 532(c)(3), , 108 Stat. 4987; Pub. L. 112–211, title I, § 102(7), , 126 Stat. 1532.)

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/s173