§ 267. — Time for taking action in Government applications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC267]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 27--GOVERNMENT INTERESTS IN PATENTS
Sec. 267. Time for taking action in Government applications
Notwithstanding the provisions of sections 133 and 151 of this
title, the Director may extend the time for taking any action to three
years, when an application has become the property of the United States
and the head of the appropriate department or agency of the Government
has certified to the Director that the invention disclosed therein is
important to the armament or defense of the United States.
(July 19, 1952, ch. 950, 66 Stat. 811; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113
Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III,
Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 37 (R.S. 4894, amended (1)
Mar. 3, 1897, ch. 391, Sec. 4, 29 Stat. 692, 693, (2) July 6, 1916, ch.
225, Sec. 1, 39 Stat. 345, 347-8, (3) Mar. 2, 1927, ch. 273, Sec. 1, 44
Stat. 1335, (4) Aug. 7, 1939, ch. 568, 53 Stat. 1264).
This provision, which appears as the last two sentences of the
corresponding section of the present statute (see note to section 133)
is made a separate section and rewritten in simpler form.
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Pub. L. 106-113, as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' in two places.
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.
