§ 10. — Publications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC10]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 10. Publications
(a) The Director may publish in printed, typewritten, or electronic
form, the following:
1. Patents and published applications for patents, including
specifications and drawings, together with copies of the same. The
Patent and Trademark Office may print the headings of the drawings for
patents for the purpose of photolithography.
2. Certificates of trade-mark registrations, including statements
and drawings, together with copies of the same.
3. The Official Gazette of the United States Patent and Trademark
Office.
4. Annual indexes of patents and patentees, and of trade-marks and
registrants.
5. Annual volumes of decisions in patent and trade-mark cases.
6. Pamphlet copies of the patent laws and rules of practice, laws
and rules relating to trade-marks, and circulars or other publications
relating to the business of the Office.
(b) The Director may exchange any of the publications specified in
items 3, 4, 5, and 6 of subsection (a) of this section for publications
desirable for the use of the Patent and Trademark Office.
(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 11; Pub. L. 93-596, Sec. 1,
Jan. 2, 1975, 88 Stat. 1949; renumbered Sec. 10 and amended Pub. L. 106-
113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4507(1), 4717(1),
4732(a)(10)(A), 4804(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-565,
1501A-580, 1501A-582, 1501A-589; Pub. L. 107-273, div. C, title III,
Secs. 13205(2)(A), 13206(b)(1)(B), (3)(A), Nov. 2, 2002, 116 Stat. 1903,
1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Secs. 13 and 16 (R.S. 489; July
9, 1947, ch. 211, Sec. 301 (part), 61 Stat. 299, repeated in prior and
subsequent appropriation acts).
Section is amplified to list the publications of the Patent Office,
based on 44 U.S.C., 1946 ed., Secs. 283, 283a.
The second sentence of item 1 of the revised section is a provision
appearing annually in appropriation acts to enable the Patent Office to
maintain a small printing press to place headings on drawings before the
drawings are reproduced.
Language is changed.
Prior Provisions
A prior section 10 was renumbered section 9 of this title.
Amendments
2002--Subsec. (a). Pub. L. 107-273, Sec. 13206(b)(3)(A), amended
directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4804(b)]. See 1999 Amendment note below.
Subsec. (a)1. Pub. L. 107-273, Sec. 13205(2)(A), made technical
correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9)
[title IV, Sec. 4507(1)]. See 1999 Amendment note below.
Subsec. (b). Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical
correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9)
[title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],
renumbered section 11 of this title as this section.
Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4804(b)], as amended by Pub. L. 107-273, Sec. 13206(b)(3)(A), which
directed the general amendment of the introductory provisions of subsec.
(a) of section 10 of this title to read ``The Director may publish in
printed, typewritten, or electronic form, the following:'', was executed
to this section, which was section 11 of this title, to reflect the
probable intent of Congress. This section was subsequently renumbered
section 10 of this title by Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4717(1)]. Prior to amendment, introductory provisions of subsec.
(a) read as follows: ``The Commissioner may print, or cause to be
printed, the following:''. See note above and Effective Date of 1999
Amendment note below.
Subsec. (a)1. Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4507(1)], as amended by Pub. L. 107-273, Sec. 13205(2)(A), inserted
``and published applications for patents'' after ``Patents''.
Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273,
Sec. 13206(b)(1)(B), substituted ``Director'' for ``Commissioner''.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office'', wherever appearing.
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4508], Nov.
29, 1999, 113 Stat. 1536, 1501A-566, as amended by Pub. L. 107-273, div.
C, title III, Sec. 13205(3), Nov. 2, 2002, 116 Stat. 1903, provided
that: ``Except as otherwise provided in this section, sections 4502
through 4504 and 4506 through 4507 [amending sections 10 to 12, 119,
120, 122, 135, 154, 181, 252, 284, and 374 of this title and enacting
provisions set out as notes under sections 41 and 122 of this title],
and the amendments made by such sections, shall be effective as of
November 29, 2000, and shall apply only to applications (including
international applications designating the United States) filed on or
after that date. The amendments made by section 4504 [amending section
154 of this title] shall additionally apply to any pending application
filed before November 29, 2000, if such pending application is published
pursuant to a request of the applicant under such procedures as may be
established by the Director. Except as otherwise provided in this
section, the amendments made by section 4505 [amending section 102 of
this title] shall be effective as of November 29, 2000 and shall apply
to all patents and all applications for patents pending on or filed
after November 29, 2000. Patents resulting from an international
application filed before November 29, 2000 and applications published
pursuant to section 122(b) [probably means section 122(b) of title 35]
or Article 21(2) of the treaty defined in section 351(a) [probably means
section 351(a) of title 35] resulting from an international application
filed before November 29, 2000 shall not be effective as prior art as of
the filing date of the international application; however, such patents
shall be effective as prior art in accordance with section 102(e) in
effect on November 28, 2000.''
Amendment by section 1000(a)(9) [title IV, Secs. 4717(1),
4732(a)(10)(A)] of 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 this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of Title 15,
Commerce and Trade.
