Title 35 — Patents
Part III · Chapter 29 — Remedies for Infringement of Patent, and Other Actions
§ 293. Nonresident patentee; service and notice
Statutory text
Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the patent or rights thereunder. If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall have jurisdiction and summons shall be served by publication or otherwise as the court directs. The court shall have the same jurisdiction to take any action respecting the patent or rights thereunder that it would have if the patentee were personally within the jurisdiction of the court.
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. 814 · 66 Stat. 814
Enacted · 35 U.S.C. § 293
July 19, 1952, ch. 950, 66 Stat. 814
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 814Pub. L. 93–596 § 1 · 88 Stat. 1949
Substituted · 35 U.S.C. § 293
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”
Source evidence
Code amendment note
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.Enacted provision · exact public law section
Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.Pub. L. 112–29 § 9(a) · 125 Stat. 316
Substituted · 35 U.S.C. § 293
Pub. L. 112–29 substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”
Source evidence
Code amendment note
Pub. L. 112–29 substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.Enacted provision · exact public law section
(a) Technical Amendments Relating to Venue.— Sections 32, 145, 146, 154(b)(4)(A), and 293 of title 35, United States Code, and section 21(b)(4) of the Trademark Act of 1946 (15 U.S.C. 1071(b)(4)), are each amended by striking “United States District Court for the District of Columbia” each place that term appears and inserting “United States District Court for the Eastern District of Virginia”.Effective date note
Amendment by Pub. L. 112–29 effective Sept. 16, 2011, and applicable to any civil action commenced on or after that date, see section 9(b) of Pub. L. 112–29, set out as a note under section 1071 of Title 15, Commerce and Trade.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
This section provides for service on non-resident patentees.
Editorial Notes
Amendments1975–2011 · 2 rounds
2011
Pub. L. 112–29 substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.
1975
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 effective , and applicable to any civil action commenced on or after that date, see section 9(b) of Pub. L. 112–29, set out as a note under section 1071 of Title 15, Commerce and Trade.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Credits
1952–2011 · 3 acts
- 1952July 19, 1952, ch. 950, 66 Stat. 814
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949
- 2011Pub. L. 112–29, § 9(a), , 125 Stat. 316.
Show as published
(July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 93–596, § 1, , 88 Stat. 1949; Pub. L. 112–29, § 9(a), , 125 Stat. 316.)