35 U.S.C. § 291 - Derived patents

• Cite as: 35 U.S.C. § 291

(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.

Cite as 35 U.S.C. § 291

Source: July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 112-29, §§3(h)(1), Sept. 16, 2011, 20, Sept. 16, 2011, 125 Stat. 288, 335.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

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

Language is changed.

EDITORIAL NOTES

AMENDMENTS

2011- Pub. L. 112-29, §20(j), 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."