35 U.S.C. § 253 | Disclaimer

(a)

In General .—

Whenever a claim of a patent is invalid the remaining claims shall not thereby be rendered invalid. A patentee, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of any complete claim, stating therein the extent of his interest in such patent. Such disclaimer shall be in writing, and recorded in the Patent and Trademark Office; and it shall thereafter be considered as part of the original patent to the extent of the interest possessed by the disclaimant and by those claiming under him.

(b)

Additional Disclaimer or Dedication .—

In the manner set forth in subsection (a), any patentee or applicant may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted or to be granted.

July 19, 1952, ch. 950 66 Stat. 809 Pub. L. 93–596, § 1Jan. 2, 197588 Stat. 1949 Pub. L. 112–29, § 20(e)Sept. 16, 2011125 Stat. 334(, ; , , ; , , .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 65 (R.S. 4917).

Language is changed and substantive changes are introduced; (1) only a claim as a whole may be disclaimed, and (2) the provision regarding delay is omitted. See preliminary general description of bill.

See section 288.

The second paragraph is new and provides for the disclaiming or dedication of an entire patent, or any terminal part of the term, for example, a patentee may disclaim the last three years of the term of his patent.

Editorial Notes

Amendments

Pub. L. 112–292011— designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, in subsec. (a), substituted “Whenever” for “Whenever, without any deceptive intention,”, and, in subsec. (b), substituted “In the manner set forth in subsection (a),” for “In like manner”.

Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29Sept. 16, 2011lPub. L. 112–29 section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 93–596Jan. 2, 1975section 4 of Pub. L. 93–596 section 1111 of Title 15Amendment by effective , see , set out as a note under , Commerce and Trade.