35 U.S.C. § 251
HISTORICAL AND REVISION NOTESBased on Title 35, U.S.C., 1946 ed., §64 (R.S. 4916, amended May 24, 1928, ch. 730, 45 Stat. 732.)The sentences of the corresponding section of existing statute are rearranged and divided into two sections with some changes in language. The clause at the end of the present statute is omitted as obsolete.The third paragraph incorporates by reference the requirements of other applications, and adds a new provision relating to application for reissue being made in certain cases by the assignee.A two year period of limitation on applying for broadened reissues is added, codifying the present rule of decision with a fixed period.
AMENDMENTS2011- Pub. L. 112-29, §20(d), designated first to fourth pars. as subsecs. (a) to (d), respectively, inserted headings, and, in subsec. (a), struck out "without any deceptive intention" after "error". Pub. L. 112-29, §4(b)(2), in third par., inserted "or the application for the original patent was filed by the assignee of the entire interest" after "claims of the original patent".2002- Pub. L. 107-273 made technical correction to directory language of Pub. L. 106-113. See 1999 Amendment note below.1999- Pub. L. 106-113 as amended by Pub. L. 107-273 substituted "Director" for "Commissioner" in first and second pars.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by section 4(b)(2) of 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.Amendment by section 20(d) of Pub. L. 112-29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112-29 set out as a note under section of this title.
EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106-113 set out as a note under sectionof this title.
- The term "invention" means invention or discovery.
- The word "patentee" includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.