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35 U.S.C. § 253Disclaimer

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 142 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

(a) In General — If one claim of a patent is invalid, that doesn't make the patent's other claims invalid too. A patentee — whether they own the whole patent or just a partial interest in it — can pay the required fee and disclaim (give up) any complete claim, stating in the disclaimer how much of an interest they hold in the patent. The disclaimer must be in writing and recorded at the Patent and Trademark Office. After that, it's treated as part of the original patent, to the extent of the interest held by the person who disclaimed and by anyone claiming rights through them. (b) Additional Disclaimer or Dedication — Using the same process described in subsection (a), a patentee or applicant can also disclaim or dedicate to the public the entire remaining term of a granted or pending patent, or just the final part of that term.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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.

(b)Additional Disclaimer or Dedication.—

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.)

history & why it existsrecord from the source credit
  • 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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