Upon failure of the applicant to prosecute the application within six months after any action therein, of which notice has been given or mailed to the applicant, or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.
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. 1906Pub. L. 112–211, title II, § 202(b)(5)126 Stat. 1536(, ; , , , 1501A–582; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1897, ch. 391, § 429 Stat. 692July 6, 1916, ch. 225, § 139 Stat. 345Mar. 2, 1927, ch. 273, § 144 Stat. 1335Aug. 7, 1939, ch. 56853 Stat. 1264Based on Title 35, U.S.C., 1946 ed., § 37 (R.S. 4894, amended (1) , , 693, (2) , , 347–8, (3) , , (4) , ).
The opening clause of the corresponding section of existing statute is omitted as having no present day meaning or value and the last two sentences are omitted for inclusion in section 267. The notice is stated as given or mailed. Language is revised.
Editorial Notes
Amendments
Pub. L. 112–2112012— struck out “, unless it be shown to the satisfaction of the Director that such delay was unavoidable” before period at end.
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 2012 Amendment
Pub. L. 112–211section 203 of Pub. L. 112–211section 27 of this titleAmendment by effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see , set out as an Effective Date note under .
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 .