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35 U.S.C. § 291 — Derived patents

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 117 words · no verdicts yet

in plain englishAI-generated · not legal advice

If someone's patented invention was secretly copied from a different inventor and patented later with an earlier filing date, the true inventor's patent owner can sue to fix that. The lawsuit must be filed within one year of the copycat patent's issue date.

(a) In general: If a patent owner discovers that someone else holds a different patent claiming the same invention — and that other patent has an earlier effective filing date — the first patent owner can sue the other patent's owner. This only works if the invention claimed in that other, earlier-filed patent was actually taken from the inventor named in the patent owned by the person suing. (b) Filing limitation: This lawsuit can only be filed within one year, starting from the date the first patent that claims the allegedly copied invention (and names the person accused of copying it as the inventor or a joint inventor) was issued.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section.

(b)Filing Limitation.—

An action under this section may be filed only before the end of the 1-year period beginning on the date of the issuance of the first patent containing a claim to the allegedly derived invention and naming an individual alleged to have derived such invention as the inventor or joint inventor.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 112–29, §§ 3(h)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 814
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 288, 335

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

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