§ 291. Derived patents

446 words·~2 min read·/usc/title-35/section-291

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(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.

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

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 66 (R.S. 4918, amended Mar. 2, 1927, ch. 273, § 12, 44 Stat. 1337).

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U.S. Code

§ 291
Derived patents

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U.S. Code

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July 19, 1952, ch. 950
66 Stat. 814
Pub. L. 112–29
125 Stat. 288
Mar. 2, 1927, ch. 273, § 12
44 Stat. 1337
Pub. L. 112–29, § 20(j)
Pub. L. 112–29, § 3(h)(1)
section 3(h)(1) of Pub. L. 112–29
section 3(n) of Pub. L. 112–29
section 20(j) of Pub. L. 112–29
section 3 of Pub. L. 112–29
section 3(n)(2) of Pub. L. 112–29

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§ 291

Derived patents

Fed. Reg.×8

U.S.C.×1

U.S.C.§ 100

U.S.C.§ 2

U.S.C.§ 291

ActJuly 19, 1952, ch. 950

Stat.66 Stat. 814

Pub. L.Pub. L. 112–29

Stat.125 Stat. 288

ActMar. 2, 1927, ch. 273, § 12

Cites 16 · showing 8Cited by 9 across 2 sources