§ 157. — Statutory invention registration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC157]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 14--ISSUE OF PATENT
Sec. 157. Statutory invention registration
(a) Notwithstanding any other provision of this title, the Director
is authorized to publish a statutory invention registration containing
the specification and drawings of a regularly filed application for a
patent without examination if the applicant--
(1) meets the requirements of section 112 of this title;
(2) has complied with the requirements for printing, as set
forth in regulations of the Director;
(3) waives the right to receive a patent on the invention within
such period as may be prescribed by the Director; and
(4) pays application, publication, and other processing fees
established by the Director.
If an interference is declared with respect to such an application, a
statutory invention registration may not be published unless the issue
of priority of invention is finally determined in favor of the
applicant.
(b) The waiver under subsection (a)(3) of this section by an
applicant shall take effect upon publication of the statutory invention
registration.
(c) A statutory invention registration published pursuant to this
section shall have all of the attributes specified for patents in this
title except those specified in section 183 and sections 271 through 289
of this title. A statutory invention registration shall not have any of
the attributes specified for patents in any other provision of law other
than this title. A statutory invention registration published pursuant
to this section shall give appropriate notice to the public, pursuant to
regulations which the Director shall issue, of the preceding provisions
of this subsection. The invention with respect to which a statutory
invention certificate is published is not a patented invention for
purposes of section 292 of this title.
(d) The Director shall report to the Congress annually on the use of
statutory invention registrations. Such report shall include an
assessment of the degree to which agencies of the Federal Government are
making use of the statutory invention registration system, the degree to
which it aids the management of federally developed technology, and an
assessment of the cost savings to the Federal Government of the use of
such procedures.
(Added Pub. L. 98-622, title I, Sec. 102(a), Nov. 8, 1984, 98 Stat.
3383; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A), (11)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582,
1501A-583; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov.
2, 2002, 116 Stat. 1906.)
Amendments
2002--Subsecs. (a), (c). Pub. L. 107-273 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--Subsecs. (a), (c). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A), as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' wherever appearing.
Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(11)], substituted ``Director'' for ``Secretary of
Commerce''.
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 this title.
Effective Date
Section 102(c) of Pub. L. 98-622 provided that: ``The amendments
made by this section [enacting this section and item 157 in the table of
sections of this chapter] shall take effect six months after the date of
enactment of this Act [Nov. 8, 1984].''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(d) of this section relating to annual reports to Congress, see section
3003 of Pub. L. 104-66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 51 of House Document No. 103-7.
Section Referred to in Other Sections
This section is referred to in section 111 of this title.
