35 U.S.C. § 253 — Disclaimer
submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 142 words · no verdicts yet
If one claim in a patent is invalid, the other claims still stand. A patent holder can pay a fee and formally give up any complete claim, in writing, filed with the Patent and Trademark Office. A patent holder can also give up the whole patent, or part of its remaining term, to the public.
Whenever 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 the manner set forth in subsection (a), 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.
Source credit: (July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112–29, § 20(e), Sept. 16, 2011, 125 Stat. 334.)
- 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 809
- 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
- 2011Amended · Pub. L. 112-29 · 125 Stat. 334
A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.
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