§ 253. Disclaimer
409 words·~2 min read·
/usc/title-35/section-253A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 65 (R.S. 4917).
Language is changed and substantive changes are introduced;
(1)only a claim as a whole may be disclaimed, and
(2)the provision regarding delay is omitted. See preliminary general description of bill.
See section 288.
The second paragraph is new and provides for the disclaiming or dedication of an entire patent, or any terminal part of the term, for example, a patentee may disclaim the last three years of the term of his patent.
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9 references not yet in our index
- July 19, 1952, ch. 950
- 66 Stat. 809
- Pub. L. 93–596, § 1
- 88 Stat. 1949
- Pub. L. 112–29, § 20(e)
- 125 Stat. 334
- Pub. L. 112–29
- Pub. L. 93–596
- section 4 of Pub. L. 93–596
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§ 253
Disclaimer
Fed. Reg.×25
C.F.R.×2
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 809
Pub. L.Pub. L. 93–596, § 1
Stat.88 Stat. 1949
Pub. L.Pub. L. 112–29, § 20(e)
Cites 11 · showing 7Cited by 27 across 2 sources