35 U.S.C. § 291 | Derived patents

(a)

In General .—

The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section.

(b)

Filing Limitation .—

An action under this section may be filed only before the end of the 1-year period beginning on the date of the issuance of the first patent containing a claim to the allegedly derived invention and naming an individual alleged to have derived such invention as the inventor or joint inventor.

July 19, 1952, ch. 950 66 Stat. 814 Pub. L. 112–29Sept. 16, 2011125 Stat. 288(, ; , §§ 3(h)(1), 20(j), , , 335.)

Historical and Revision Notes

Mar. 2, 1927, ch. 273, § 12 44 Stat. 1337Based on Title 35, U.S.C., 1946 ed., § 66 (R.S. 4918, amended , ).

Language is changed.

Editorial Notes

Amendments

Pub. L. 112–29, § 20(j)2011—, struck out “of this title” after “146”.

Pub. L. 112–29, § 3(h)(1), amended section generally. Prior to amendment, text read as follows: “The owner of an interfering patent may have relief against the owner of another by civil action, and the court may adjudge the question of the validity of any of the interfering patents, in whole or in part. The provisions of the second paragraph of section 146 shall apply to actions brought under this section.”

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

section 3(h)(1) of Pub. L. 112–29Sept. 16, 2011section 3(n) of Pub. L. 112–29 section 100 of this titleAmendment by effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .

section 20(j) of 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 .

Savings Provisions

35 U.S.C. 291Sept. 16, 2011section 3 of Pub. L. 112–29 section 3(n)(2) of Pub. L. 112–29 section 100 of this titleProvisions of , as in effect on the day before the expiration of the 18-month period beginning on , apply to each claim of certain applications for patent, and certain patents issued thereon, for which the amendments made by also apply, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .