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35 U.S.C. § 293Nonresident patentee; service and notice

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 129 words · no verdicts yet

in plain englishAI-generated · not legal advice

A nonresident patent owner can name a U.S. resident to receive patent-related legal papers. If that person can't be found, or none was named, a federal court in eastern Virginia steps in. That court can rule on the patent as if the owner were present.

This section explains what happens when a patent owner does not live in the United States. The owner may file a written statement with the Patent and Trademark Office. That statement names a person living in the United States who can receive legal papers or notice of proceedings about the patent, on the owner's behalf. If that named person cannot be found at the address on file — or if the owner never named anyone — then the United States District Court for the Eastern District of Virginia has jurisdiction over the matter. In that case, the court allows the summons to be served by publication (for example, in a newspaper) or by another method the court directs. Once the court has the case this way, it has the same power to decide anything about the patent or the owner's rights under it as it would have if the patentee were personally within the court's jurisdiction.
the actual law source: uscode.house.gov ↗public domain

Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the patent or rights thereunder. If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall have jurisdiction and summons shall be served by publication or otherwise as the court directs. The court shall have the same jurisdiction to take any action respecting the patent or rights thereunder that it would have if the patentee were personally within the jurisdiction of the court.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112–29, § 9(a), Sept. 16, 2011, 125 Stat. 316.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 814
  • 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 316

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

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