§ 253. — Disclaimer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC253]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 25--AMENDMENT AND CORRECTION OF PATENTS
Sec. 253. Disclaimer
Whenever, without any deceptive intention, a claim of a patent is
invalid the remaining claims shall not thereby be rendered invalid. A
patentee, whether of the whole or any sectional interest therein, may,
on payment of the fee required by law, make disclaimer of any complete
claim, stating therein the extent of his interest in such patent. Such
disclaimer shall be in writing, and recorded in the Patent and Trademark
Office; and it shall thereafter be considered as part of the original
patent to the extent of the interest possessed by the disclaimant and by
those claiming under him.
In like manner any patentee or applicant may disclaim or dedicate to
the public the entire term, or any terminal part of the term, of the
patent granted or to be granted.
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 65 (R.S. 4917).
Language is changed and substantive changes are introduced; (1) only
a claim as a whole may be disclaimed, and (2) the provision regarding
delay is omitted. See preliminary general description of bill.
See section 288.
The second paragraph is new and provides for the disclaiming or
dedication of an entire patent, or any terminal part of the term, for
example, a patentee may disclaim the last three years of the term of his
patent.
Amendments
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
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.
