§ 24. — Subpoenas, witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC24]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 2--PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
Sec. 24. Subpoenas, witnesses
The clerk of any United States court for the district wherein
testimony is to be taken for use in any contested case in the Patent and
Trademark Office, shall, upon the application of any party thereto,
issue a subpoena for any witness residing or being within such district,
commanding him to appear and testify before an officer in such district
authorized to take depositions and affidavits, at the time and place
stated in the subpoena. The provisions of the Federal Rules of Civil
Procedure relating to the attendance of witnesses and to the production
of documents and things shall apply to contested cases in the Patent and
Trademark Office.
Every witness subpoenaed and in attendance shall be allowed the fees
and traveling expenses allowed to witnesses attending the United States
district courts.
A judge of a court whose clerk issued a subpoena may enforce
obedience to the process or punish disobedience as in other like cases,
on proof that a witness, served with such subpoena, neglected or refused
to appear or to testify. No witness shall be deemed guilty of contempt
for disobeying such subpoena unless his fees and traveling expenses in
going to, and returning from, and one day's attendance at the place of
examination, are paid or tendered him at the time of the service of the
subpoena; nor for refusing to disclose any secret matter except upon
appropriate order of the court which issued the subpoena.
(July 19, 1952, ch. 950, 66 Stat. 795; 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., Secs. 54, 55 and 56 (R.S. 4906,
amended Feb. 18, 1922, ch. 58, Sec. 7, 42 Stat. 389, 391-2; R.S. 4907;
R.S. 4908).
Three sections of the existing statute are combined with some
changes in language and placed in part 1 since they apply to trade-mark
cases in the Patent Office as well as to patent cases. Reference to a
repealed statute in the first paragraph is replaced by reference to the
Federal Rules of Civil Procedure and certain rules are made applicable.
References in Text
The Federal Rules of Civil Procedure, referred to in text, are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office'' in two places.
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.
Section Referred to in Other Sections
This section is referred to in title 25 section 374.
