US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 131

Examination of application

The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.

July 19, 1952, ch. 95066 Stat. 801Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906(, ; , , , 1501A–582; , , .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 36 (R.S. 4893).

The first part is revised in language and amplified. The phrase “and that the invention is sufficiently useful and important” is omitted as unnecessary, the requirements for patentability being stated in sections 101, 102 and 103.

Editorial Notes

Amendments

Pub. L. 107–273Pub. L. 106–1132002— made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113Pub. L. 107–2731999—, as amended by , substituted “Director” for “Commissioner” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Pre-Prosecution Assessment Pilot Program

Pub. L. 117–328, div. W, § 106136 Stat. 5521

“(a)

Pilot Program .—

Not later than 1 year after the date of enactment of this Act [], the Director shall establish a pilot program to assist first-time prospective patent applicants in assessing the strengths and weaknesses of a potential patent application submitted by such a prospective applicant.
“(b)

Considerations .—

In developing the pilot program required under subsection (a), the Director shall establish—
“(1)
a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office;
“(2)
conditions to determine eligibility for the pilot program, taking into consideration available resources;
“(3)
reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant;
“(4)
procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and
“(5)
procedures to protect the confidentiality of the information disclosed by prospective patent applicants.”
, , , provided that:

section 106 of div. W of Pub. L. 117–328section 102 of div. W of Pub. L. 117–328section 1 of this title[For definitions of terms used in , set out above, see , set out as a Definitions note under .]