Public Law 288.
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(/us/pl/76/287)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Patents.[R. S. § 4904.](/us/rs/s4904)[35 U. S. C. § 52.](/us/usc/t35/s52) That section 4904 of the Revised Statutes (U. S. C., title 35, Sec. 52) be amended to read as follows: "Interferences; determination of priority.“Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct a board of three examiners of interferences Issue of patent.to proceed to determine the question of priority of invention.
And the Commissioner may issue a patent to the party who is adjudged the prior inventor.”" Sec. 2. [R. S. § 4909.](/us/rs/s4909)[35 U.S. C. § 57.](/us/usc/t35/s57) That section 4909 of the Revised Statutes (U. S. C., title 35, Sec. 57) be amended to read as follows: "Appeals.“Every applicant for a patent or for the reissue of a patent any of the claims of which have been twice rejected, may appeal from the decision of the primary examiner to the Board of Appeals, having once paid the fee for such appeal.”" Sec. 3. [R.
S. § 4911.](/us/rs/s4911)[35 U. S. C. § 59a.](/us/usc/t35/s59a)Textual changes. That section 4911 of the Revised Statutes (U. S. C., tit1e 35, Sec. 59a) be amended by changing the words “Board of Appeals” in the second sentence to read “board of interference examiners”, and by canceling the last sentence of said section. Sec. 4. [R. S. § 4915.](/us/rs/s4915)[36 U. S. C. § 63.](/us/usc/t36/s63) That section 4915 of the Revised Statutes (U. S. C., title 35, Sec. 63) be amended by changing the first sentence thereof to read:
"Bill in equity, time limitation.“Whenever a patent on application is refused by the Board of Appeals or whenever any applicant is dissatisfied with the decision of the board of interference examiners, the applicant, unless appeal has been taken to the United States Court of Customs and Patent Appeals, and such appeal is pending or has been decided, in which case no action may be brought under this section, may have remedy by bill in equity, if filed within six months after such refusal or decision; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that 53 Stat. 1213 such applicant is entitled, according to law, to receive a patent for his invention, as specified. in his claim or for any part thereof, as the facts in the case may appear.”" Sec. 5.
Effective date. That this Act shall take effect two months after its approval; but it shall not affect interferences then pending, which may be heard and decided and appeals and other proceedings taken under the statutes in force at the time of approval of this Act as if such statutes had not been amended. Approved, August 5, 1939. To amend section 4903 of the Revised Statutes (U. S. C., title 35, Sec. 51). Chapter 452 53 Stat. 1213 1939-08-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2024-11-24 76 1 public [CHAPTER 452] AN ACT To amend section 4903 of the Revised Statutes (U. S. C., title 35, Sec. 51). August 5, 1939[[H. R. 6875](/us/bill/76/hr/6875)][[Public, No. 288](/us/pl/76/288)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Patent.[R. S. § 4003.](/us/rs/s4003)[35 U. S. C. § 51.](/us/usc/t35/s51) That section 4903 of the Revised Statutes (U. S. C., title 35, Sec. 51) be amended by adding at the end thereof the following:"“No amendment for the first time presenting or asserting a claim Time within which an interference may be permitted. which is the same as, or for substantially the same subject matter as, a claim of an issued patent may be made in any application unless such amendment is filed within one year from the date on which said patent was granted.”" Sec. 2.
Effective date. This Act shall take effect one year after its approval. Approved, August 5, 1939. To waive the age limit for appointment as second lieutenant, Regular Army, of certain persons now on active duty with the Air Corps. Chapter 453 53 Stat. 1213 1939-08-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-24 76 1 public [CHAPTER 453] AN ACT To waive the age limit for appointment as second lieutenant, Regular Army, of certain persons now on active duty with the Air Corps.
August 5, 1939[[H. R. 6925](/us/bill/76/hr/6925)][
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- 35 USC 52
- 35 USC 57
- 35 USC 59a
- 36 USC 63
- 35 USC 51
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