35 U.S.C. § 112
July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 89-83July 24, 1965, 79 Stat. 261; Pub. L. 94-131Nov. 14, 1975, 89 Stat. 691; Pub. L. 112-29Sept. 16, 2011, 125 Stat. 296.
HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946 ed., §33 (R.S. 4888, amended (1) Mar. 3, 1915, ch. 94, §1, 38 Stat. 958; (2) May 23, 1930, ch. 312, §2, 46 Stat. 376).The sentence relating to signature of the specification is omitted in view of the general requirement for a signature in section 111.The last sentence is omitted for inclusion in the chapter relating to plant patents.The clause relating to machines is omitted as unnecessary and the requirement for disclosing the best mode of carrying out the invention is stated as generally applicable to all types of invention (derived from Title 35, U.S.C., 1946 ed., §69, first defense).The clause relating to the claim is made a separate paragraph to emphasize the distinction between the description and the claim or definition, and the language is modified.A new paragraph relating to functional claims is added.
AMENDMENTS 2011-Pub. L. 112-29 designated first to sixth pars. as subsecs. (a) to (f), respectively, inserted headings, in subsec. (a), substituted "or joint inventor of carrying out the invention" for "of carrying out his invention", in subsec. (b), substituted "inventor or a joint inventor regards as the invention" for "applicant regards as his invention", and, in subsec. (d), substituted "Subject to subsection (e)," for "Subject to the following paragraph,".1975-Pub. L. 94-131 substituted provision authorizing the writing of claims, if the nature of the case admits, in dependent or multiple dependent form for prior provision for writing claims in dependent form, required claims in dependent form to contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed, substituted text respecting construction of a claim in dependent form so as to incorporate by reference all the limitations of the claim to which it refers for prior text for construction of a dependent claim to include all the limitations of the claim incorporated by reference into the dependent claim, and inserted paragraph respecting certain requirements for claims in multiple dependent form.1965-Pub. L. 89-83 permitted a claim to be written in independent or dependent form, and if in dependent form, required it to be construed to include all the limitations of the claim incorporated by reference into the dependent claim.
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by Pub. L. 112-29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent application that is filed on or after that effective date, see section 4(e) of Pub. L. 112-29, set out as a note under sectionof this title.
EFFECTIVE DATE OF 1975 AMENDMENTAmendment by Pub. L. 94-131 effective Jan. 24, 1978, and applicable on and after that date to patent applications filed in the United States and to international applications, where applicable, see section 11 of Pub. L. 94-131, set out as an Effective Date note under section of this title.
EFFECTIVE DATE OF 1965 AMENDMENTAmendment by Pub. L. 89-83 effective three months after July 24, 1965, see section 7(a) of Pub. L. 89-83, set out as a note under sectionof this title.
- The term "invention" means invention or discovery.
- The term "inventor" means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.
- The term "process" means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
- United States
- The terms "United States" and "this country" mean the United States of America, its territories and possessions.
- joint inventor
- The terms "joint inventor" and "coinventor" mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.