35 U.S.C. § 24 — Subpoenas, witnesses

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 239 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court clerk must issue a witness subpoena for a Patent Office contested case. Courts enforce it like normal federal subpoenas, and witnesses get the usual court fees and travel pay. A witness who ignores it can be punished, unless owed fees or a court order protects a secret.

If testimony is needed for a contested case in the Patent and Trademark Office, the clerk of the U.S. district court for the district where the witness lives or is present must issue a subpoena, once any party to the case applies for it. The subpoena orders the witness to appear and testify before an officer in that district who is authorized to take depositions and affidavits, at the stated time and place. The Federal Rules of Civil Procedure that govern how witnesses must attend, and how documents and things must be produced, apply to these contested cases too. Every witness who is subpoenaed and shows up must be paid the same fees and traveling expenses that witnesses get for attending U.S. district courts. The judge of the court whose clerk issued the subpoena can enforce it, or punish a witness for disobeying it, the way courts handle similar cases — once there is proof the witness was served with the subpoena and still neglected or refused to appear or testify. A witness cannot be found in contempt for disobeying the subpoena unless that witness was paid or offered, at the time of service, the fees and traveling expenses for going to the place of examination, returning, and one day's attendance there. A witness also cannot be held in contempt for refusing to disclose a "secret matter," unless the court that issued the subpoena gives an appropriate order requiring it.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 795
1975Amended · Pub. L. 93-596 · 88 Stat. 1949

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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