35 U.S.C. § 6
REFERENCES IN TEXTThe date of the enactment of this subsection, referred to in subsec. (d), probably means the date of enactment of Pub. L. 112-29 which amended this section generally and was approved Sept. 16, 2011.
CONSTITUTIONALITYFor information regarding the constitutionality of provisions of subsection (c) of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
PRIOR PROVISIONSA prior section 6, acts July 19, 1952, ch. 950, 66 Stat. 793; Pub. L. 92-132, Oct. 5, 1971, 85 Stat. 364; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 94-131, §2, Nov. 14, 1975, 89 Stat. 690; Pub. L. 97-247, §§7, 13, Aug. 27, 1982, 96 Stat. 320, 321; Pub. L. 102-204, §8, Dec. 10, 1991, 105 Stat. 1641, related to duties of Commissioner, prior to repeal by Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §§4715(a), 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-581, effective 4 months after Nov. 29, 1999.
AMENDMENTS2011- Pub. L. 112-29 amended section generally. Prior to amendment, section related to the establishment, composition, and function of the Board of Patent Appeals and Interferences and to the appointment of administrative patent judges.2008-Subsec. (a). Pub. L. 110-313, §1(a)(1)(A), (B), substituted "Deputy Director" for "Deputy Commissioner" in second sentence and "Secretary of Commerce, in consultation with the Director" for "Director" in last sentence.Subsecs. (c), (d). Pub. L. 110-313, §1(a)(1)(C), which directed addition of subsecs. (c) and (d) at end of subsec. (a), was executed by adding subsecs. (c) and (d) at end of section to reflect the probable intent of Congress.2002-Subsec. (a). Pub. L. 107-273 which directed amendment of subsec. (a) by inserting "the Deputy Commissioner," after "Commissioner,", was executed by making the insertion after "The Director," to reflect the probable intent of Congress.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112-29, §7(e), Sept. 16, 2011, 125 Stat. 315, provided that: "The amendments made by this section [amending this section, sections United States Court of Appeals for the Federal Circuit to entertain appeals of decisions of the Patent Trial and Appeal Board in reexaminations under the amendment made by subsection (c)(2) [amending section of Title 28] shall be deemed to take effect on the date of the enactment of this Act and shall extend to any decision of the Board of Patent Appeals and Interferences with respect to a reexamination that is entered before, on, or after the date of the enactment of this Act;"(2) the provisions of sections , , and of title 35, United States Code, as in effect on the day before the effective date of the amendments made by this section shall continue to apply to inter partes reexaminations that are requested under section 311 of such title before such effective date;"(3) the Patent Trial and Appeal Board may be deemed to be the Board of Patent Appeals and Interferences for purposes of appeals of inter partes reexaminations that are requested under section 311 of title 35, United States Code, before the effective date of the amendments made by this section; and"(4) the Director's [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] right under the fourth sentence of section of title 35, United States Code, as amended by subsection (c)(3) of this section, to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board shall be deemed to extend to inter partes reexaminations that are requested under section 311 of such title before the effective date of the amendments made by this section.", , and of this title, section of Title 28, Judiciary and Judicial Procedure, section of Title 42, The Public Health and Welfare, and section of Title 51, National and Commercial Space Programs] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to proceedings commenced on or after that effective date, except that-"(1) the extension of jurisdiction to the
EFFECTIVE DATESection effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106-113 set out as an Effective Date of 1999 Amendment note under sectionof this title.
- United States
- The terms "United States" and "this country" mean the United States of America, its territories and possessions.