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.
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. 805Pub. 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.”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”.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
- 1952July 19, 1952, ch. 950, 66 Stat. 805
- 1982Pub. L. 97–247, § 16, , 96 Stat. 321
- 1994Pub. L. 103–465, title V, § 532(c)(3), , 108 Stat. 4987
- 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.)