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Patent Act of 1952

The Patent Act of 1952

The Patent Act of 1952

 

The Patent Act of 1952 affirmed that patent rights from that time onward would be enforced according to federal statutes. To this end, it also reordered the government agency responsible for patent rights, changing the former Patent Office into the newly dubbed Patent and Trademark Office. 

This agency was placed under the aegis of the newly ordered Title 35 of the United States Code. The Parts of this Title were ordered according to the area of patent rights they dealt with. Comprising three at the time, the Parts were later increased in number to four, by a major 1975 amendment on the issue of international patent rights in supplement to the formerly country-based patent protection.

As Part I of Title 35, the 1952 Act passed its laws on "Patent and Trademark Office," which specified the duties that would be incurred by the titular office and the capabilities it would be given for carrying them out, as well as other organizational details. Within Part I, Chapter 1, comprising Sections 1 to 14, dealt with the subject of "Establishment, Officers, and Employees, Functions." Chapter 2, from Sections 21 to 26, was given to "Proceedings in the Patent and Trademark Office." Sections 31 to 33, of Chapter 3, address "Practice Before Patent and Trademark Office." Chapter 4, on "Patent Fees; Funding; Search Systems," covers Sections 41 to 42.

Part II of Title 35 concerns the subject of "PatentabilityPlant PatentsDesign 

Part III was devoted by the 1952 Act to "Patents and Protection of Patent Rights." Chapter 25, including Sections 251 to 256, involves "Amendment and Correction to Patents." Chapter 26, of Sections 261 and 262, is on "Ownership and Assignment." "Government Interests in Patents" is covered by Sections 266 and 267 in Chapter 27. Sections 271 to 273 of Chapter 28 deal with "Infringement of Patents." Chapter 29 concerns "Remedies for Infringement of Patent, and Other Actions," in Sections 281 to 297. "Prior Art Citations to Office and Ex Parte Reexamination of Patents" is covered in Sections 301 to 307 of Chapter 30. Chapter 31 deals with "Optical Inter Partes Reexamination Procedures" in Sections 311 to 318.

Patent Act of 1952

Patent Act of 1952

The Patent Act of 1952 was passed by the United States Congress to clarify the language on patent law as was in effect throughout the country. Though Congress enjoys the Constitutional right to rule on patent law, as provided for by Article One, Section 8(8), up to the pointprima facie evidence as to laws, a valid source of law by itself. With this general task in mind, the House sub-committee responsible decided to take on patent law as an area in need of change.
In this regard, even if the Patent Act of 1952 had not altered any specific detail of American patent law, it would have still been significant simply by placing all of these details in the same place. As it is today, Federal law on patents are grouped into three main categoriesPatent and Trademark Office. As it happens, the Patent Act of 1952 did substantively for Patent ability. 
The 1975 act related to “The Patent Invention Treaty” provided the first major alteration to the Patent Act of 1952. 

Amendments to the Patent Act of 1952

Amendments to the Patent Act of 1952

The 1980 Bayh-Dole Act went into effect in United States patent law on December 12, 1980. Among the various changes it made to patenting procedures, the measure which generally draws the greatest attention is a reversal in “presumption of title,” which as applied in the act means that small-business, non-profit, or university-level educational groups can be given preferential treatment in comparison to the federal government in judgments made concerning inventions created with federal funds.
Such an invention is called a “subject invention,” with the meaning that it is first “reduced to practice” while being funded to some degree by the federal government. The inventors can have the title to an invention created in such a setting while allowing the government to exercise certain rights in return. The provisions required by the Bayh-Dole Act were placed in Sections 200 through 212 of Article 35 of the United States Code, and were put into practice by Section 401 of Title 37 of the Code of Federal Regulations.