§ 1744. — Copies of United States Patent and Trademark Office documents generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1744]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 115--EVIDENCE; DOCUMENTARY
Sec. 1744. Copies of United States Patent and Trademark Office
documents, generally
Copies of letters patent or of any records, books, papers, or
drawings belonging to the United States Patent and Trademark Office and
relating to patents, authenticated under the seal of the United States
Patent and Trademark Office and certified by the Under Secretary of
Commerce for Intellectual Property and Director of the United States
Patent and Trademark Office, or by another officer of the United States
Patent and Trademark Office authorized to do so by the Director, shall
be admissible in evidence with the same effect as the originals.
Any person making application and paying the required fee may obtain
such certified copies.
(June 25, 1948, ch. 646, 62 Stat. 948; May 24, 1949, ch. 139,
Sec. 92(c), 63 Stat. 103; Pub. L. 106-113, div. B, Sec. 1000(a)(9)
[title IV, Sec. 4732(b)(15)(B), (C)], Nov. 29, 1999, 113 Stat. 1536,
1501A-584.)
Historical and Revision Notes
Based on section 127 of title 15, U.S.C., 1940 ed., Commerce and
Trade, and title 28, U.S.C., 1940 ed., Sec. 673 (R.S. Sec. 892; Mar. 19,
1920, ch. 104, Sec. 7, 41 Stat. 535; Mar. 4, 1925, ch. 535, Sec. 2, 43
Stat. 1269).
For purposes of uniformity, words ``written or printed,'' at the
beginning of the section, were omitted. Similar sections in this chapter
do not contain such words.
Words ``or in his name attested by a chief of division duly
designated by the commissioner,'' after ``Commissioner of Patents,''
were omitted as unnecessary.
Changes in phraseology were made.
Amendments
1999--Pub. L. 106-113 substituted ``United States Patent and
Trademark Office'' for ``Patent Office'' wherever appearing in section
catchline and text and in text substituted ``Under Secretary of Commerce
for Intellectual Property and Director of the United States Patent and
Trademark Office'' for ``Commissioner of Patents'' and ``Director'' for
``Commissioner''.
1949--Act May 24, 1949, substituted ``patents'' after ``relating
to'' for ``registered trade-marks, labels, or prints'', and inserted
``or by another officer of the Patent Office authorized to do so by the
Commissioner'' after ``Commissioner of Patents''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Section Referred to in Other Sections
This section is referred to in section 1745 of this title.
