Title 35 - Patents

Overview

Title 35 of the United States Code governs patents and patent law in the United States. This comprehensive statute covers the patentability of inventions, patent application processes, and enforcement mechanisms.

Key Provisions

§ 101 - Inventions patentable

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

§ 102 - Conditions for patentability; novelty

A person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or otherwise available to the public before the effective filing date.

§ 103 - Conditions for patentability; non-obvious subject matter

A patent for a claimed invention may not be obtained if the differences between the claimed invention and the prior art would have been obvious to a person having ordinary skill in the art.

§ 271 - Infringement of patent

Except as otherwise provided, whoever without authority makes, uses, offers to sell, or sells any patented invention infringes the patent.

Types of Patents

• Utility Patents: New and useful processes, machines, manufactures, or compositions of matter
• Design Patents: New, original, and ornamental designs for articles of manufacture
• Plant Patents: Distinct and new varieties of plants that are asexually reproduced

Patent Enforcement

Patent holders have the right to:

• Exclude others from making, using, offering for sale, or selling the invention
• License the patent to others
• Sue for infringement in federal court
• Seek monetary damages and injunctive relief

USIPE Implementation

USIPE provides patent enforcement services by:

• Monitoring online marketplaces for patent-infringing products
• Documenting potential patent violations
• Generating enforcement notices to marketplace operators
• Preparing documentation for legal proceedings