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18 U.S.C. 2071 Concealment, removal, or mutilation generally. - Patent Laws
18 U.S.C. 2071 Concealment, removal, or mutilation generally.
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(Amended Nov. 5, 1990, Public Law 101-510, sec. 552(a), 104 Stat. 1566; Sept. 13, 1994, Public Law 103-322, sec. 330016(1)(I), 108 Stat. 2147.)
INDEX OF PATENT LAWS
A
Abandoned applications, fee on petition to revive
... 41(a)7
Abandonment of application by failure to prosecute
... 133, 371
Abandonment of invention:
Bar to patent
... 102
By violation of secrecy
... 182
Adjustment of patent term
... 154
Administrative Patent Judges
... 6
Administrator, executor, or guardian
... 117
Affidavits and depositions in contested cases, rules for taking
... 23
Agreement to terminate interference
... 135
Agriculture, Secretary of, to furnish information, and detail employees to Director for plant patent
... 164
Allowance and issue of patents
... 153
Allowance, notice of
... 151
Amendment:
Copying claim of issued patent
... 135
Time for
... 133, 135
Annual indexes of patents
... 10
Annual report of the Director
... 13
Apostille on assignment
... 261
Appeals to Board of Patent Appeals and Interferences
... 134
Fee
... 41(a)6, 134
Hearing of
... 6
Reexamination proceedings
... 306
Appeals to Court of Appeals for the Federal Circuit
... 141
Certificate of decision of Court recorded in the United States Patent and Trademark Office
... 144
Determination of Appeal; revision of decision
... 144
From Board of Patent Appeals and Interferences
... 141
Grounds of decision to be furnished court
... 143
Notice of appeal
... 142
Proceedings on appeal
... 143
Applicant for foreign patent, license required
... 184
Applicant for international application
... 373
Applicant, notified of interference
... 135
Application:
Abandonment of, by failure to prosecute
... 133
Assignment of
... 261
Confidential while pending
... 122
Continuing
... 120
Description; specification and claim
... 112
Divisional
... 121
Drawings
... 113
Effect of defective execution
... 26
Effective as of date of earliest foreign application in certain cases
... 119
Examination of invention
... 131
Fee on filing
... 41(a)1, 111
For deceased or insane inventors
... 117
May be made by legal representative of deceased or incapacitated inventor
... 117
Must be made within specified time after foreign application for right of priority
... 119
Oath of applicant (See Oath in patent application)
Owned by Government
... 267
Provisional
... 111
Publication
... 102, 122, 181
Reissue
... 251
Secrecy order
... 181
What to contain
... 111
When filed by other than inventor
... 118, 121
Appointments, how made
... 3
Arbitration of interferences
... 135
Arbitration, voluntary
... 294
Article patented marked with number of patent
... 287
Assignee:
May file application in certain cases
... 118
May file divisional application
... 121
May file reissue application
... 251
Patent may be issued to
... 152
Assignments, patent
... 261
Establishing prima facie execution of
... 261
Fees for recording
... 41(a)10
Must be recorded in United States Patent and Trademark Office to issue patent to assignee
... 152
Patent may issue to assignee
... 152
Recording in Patent and Trademark Office
... 261
Attorney fees in infringement suit
... 285
Attorneys and agents:
May be refused recognition for misconduct
... 32
Petition to District Court, DC
... 32
Suspension or exclusion from practice
... 32
Unauthorized practitioners
... 33
B
Bars to grant of a patent
... 102, 103
Benefit of earlier filing date in foreign country
... 119
Benefit of earlier filing date in United States
... 120
Best mode required
... 112
Bill in equity (See Civil action)
Board of Patent Appeals and Interferences, how constituted
... 6
C
Certificate of correction:
Applicant's mistake
... 255
Fee for applicant's mistake
... 41(a)8
Office mistake
... 254
Certified copies:
Fee for certification
... 41(a)11
Of drawings and specifications of patents issued
... 9
Of records, furnished to Court of Appeals for the Federal Circuit in appeals
... 143
Citation of prior art in patent
... 301
Citizenship required in oath
... 115
Civil action:
Election of in case of interference
... 141
Infringement
... 291
In case of interference
... 146
Jurisdiction, plurality of parties, foreign party
... 146
To obtain patent
... 145
Claim of patent:
Independent or dependent
... 41, 112
Independent or dependent, validity
... 282
Invalid, effect of
... 253
Invalid, suits on patent with
... 288
Notice of rejection
... 132
Too extensive or narrow, remedy
... 251
What to cover
... 112
Classification of patents
... 8
Clerk of United States Court may summon witness in
Interference cases
... 24
Must notify Director of patent suits
... 290
Commerce, Department of, United States Patent and Trademark Office in
... 1
Commerce, Secretary of:
Appointments by
... 3
Commissioner for Patents:
How appointed and duties
... 3
Member of Board
... 6
Commonly owned invention and reference subject matter
... 103
Compensation, right to because of secrecy order
... 183
Composition of matter:
Patentable
... 101
Specimens of ingredients may be required
... 114
Concealment of records
... 18 U.S.C. 2071
Confidential status of application
... 122, 205
Continuing application
... 120
Contributory infringement
... 271
Copies of records, fees
... 41
Correction of inventors in patent
... 256
Correction of letters patent
... 254, 255
D
Damages for infringement
... 284
Day of taking any action or paying any fee falling on Saturday, Sunday, or holiday
... 21
Death or incapacity of inventor
... 117
Decisions in patent cases, printing of
... 10
Declaration in lieu of oath
... 25
Dedication of term
... 253
Defective execution of documents, effect of
... 26
Defenses in action for infringement
... 282
Definitions
... 100, 351
Deposit with United States Postal Service
... 21
Depositions, Director may establish rules for
... 23
Deputy Commissioner
... 6
Member of Board
... 6
Description of invention
... 112
Design patents:
Double recovery, not allowed
... 289
Fees
... 41(a)3
For what granted
... 171
Liability for infringement of
... 289
Penalty for unauthorized use of patented design
... 289
Prior foreign applications
... 172
Right of priority
... 172
Subject to same provisions as other patents
... 171
Term of
... 173
Unauthorized use of
... 289
Designated office
... 363, 366, 367, 371, 372
Determination of patent term adjustment
... 154
Director:
Annual report to Congress
... 13
Consult with Patent Public Advisory Committee
... 3
Duties of
... 6
How appointed
... 3
Intellectual Property Policy Issues, advises President, Federal Departments
... 2
May disbar attorneys
... 32
May establish charges
... 41
May make rules for taking affidavits and depositions
... 23
Member of Board
... 6
Reexamination order
... 304
Shall cause examination to be made
... 131
To establish regulations
... 3
To furnish court with grounds of decision, on appeal
... 143
To prescribe rules and regulations governing recognition of attorneys and agents
... 2
To sign patents or have name printed thereon and attested
... 153
To superintend grant of patents
... 3
Disbarment of attorneys and agents
... 32
Disclaimer:
Fee
... 41(a)5
How filed and by whom
... 253
Must be filed before commencement of suit to recover costs
... 288
Nature of
... 253
District Court for District of Columbia:
Jurisdiction
... 146
Review of disbarment of attorneys and agents
... 32
Division of application
... 121
Division of patent on reissue
... 251
Drawing:
Attached to patent
... 154
Part of patent
... 154
Printing of
... 10
When necessary
... 113
Duties of Director
... 3
E
Elected office
... 371, 372
Employees of United States Patent and Trademark Office
... 3
How appointed
... 3
Restrictions on as to interest in patents
... 4
English language
... 361
Entry into national phase in United States
... 371
Error in naming inventors
... 116
Establishment of date of invention by reference to knowledge or use in foreign country
... 104
Establishment, United States Patent and Trademark Office
... 1
Examination:
Applicants shall be notified of rejection on
... 132
To be made of application and alleged invention
... 131
Exchange of United States Patent and Trademark Office Publications for other publications
... 10
Exchange of printed copies of patents and published application of patents with foreign countries
... 11
Executors, administrators or guardians
... 117
Extension of patent term
... 155
Extension of time to reply fee
... 41(a)8
F
Falsely making or labeling articles as patented
... 292
Federal agency, defined
... 200
Federal Assistance, inventions made with:
Confidentiality
... 205
Definitions
... 201
Disposition of rights
... 202
Domestic and foreign protection of federally owned inventions
... 207
Educational awards
... 212
March-in rights
... 203
Policy and objective of
... 200
Precedence of chapter over other Acts
... 210
Preference for United States industry
... 204
Regulations governing Federal licensing
... 208
Relationship to antitrust laws
... 211
Restrictions on licensing of federally owned inventions
... 209
Uniform clauses and regulations
... 206
Fees:
Amount of
... 41
For attorney awarded by court
... 285
For records, publications, and services not specified in statute
... 41
How paid and refunded
... 42
Independent inventor, 50% reduction
... 41(h)
International
... 361, 376
Nonprofit organization, 50% reduction
... 41(h)
Payable to Director
... 42(a)
Small business, 50% reduction
... 41(h)
Small entity, 50% reduction
... 41(h), 133
To witness interference cases
... 24
Filing application by other than inventor
... 118
Filing date requirements
... 111
Filing fee, Amount of
... 41(a)1
Foreign applications:
License to file required
... 184
Penalty for filing without license
... 185, 186
Foreign countries, exchange of printed copies of patents and published application of patents with
... 11
Foreign country, knowledge of use in, not used to establish date of invention
... 102, 104
Foreign patentee:
Jurisdiction
... 293
Service
... 293
Foreign patents:
Copies of, exchanged for United States patents and published application of patents
... 11
Prior, effect on United States application for patent
... 102
Foreign priority
... 119(a)-(d), 365, 373
Fraudulent statements
... 18 U.S.C. 1001
Funding agreement, defined
... 200
G
Government interests in patents
... 267
H
Holiday, time for action expiring on
... 21
I
Importation of products made by a patented process
... 295
Improvements, patents may be granted for
... 101
Indexes of patents and patentees, printing of
... 10
Infringement, patent: Action for
... 281
Attorney fees
... 285
By United States, time limitation in suit for
... 286
Clerk of court to notify United States Patent and Trademark Office of suit
... 290
Contributory
... 271
Damages for
... 284
Defenses in suit for
... 273, 282
Defined
... 271
Design patent
... 289
Injunction
... 283
Notice of, necessary to recovery of damages
... 287
Pleading defense and special matters to be proved in suit
... 282
Suit for, when a claim is invalid
... 288
Temporary presence in United States
... 272
Time limitation
... 286
Injunctions may be granted by court having jurisdiction
... 283
Insane persons, patent applications of
... 117
Interference, patent:
Agreements, between parties, relating to termination, to be filed in Patent and Trademark Office
... 135
Appeal to court
... 141
Arbitration
... 135
Determination of priority
... 102, 135
Parties to be notified of
... 135
Review of decision by civil action
... 145, 146
Rules for taking testimony
... 23
International application
... 351, 365, 366, 367, 375
Fees
... 376
National phase in United States
... 371
Priority rights
... 365
Interfering patent:
How set aside
... 291
Jurisdiction, plurality of parties, foreign party
... 146, 291
Relief against
... 291
International Bureau
... 351, 361, 362, 371
International Preliminary Examining Authority
... 362, 364, 368
International Searching Authority
... 351, 362, 364, 368
International studies
... 2
Intervening rights on reissue
... 252
Invalid patent claim disclaimer
... 288
Invalidity of term extension
... 282
Invention date as affected by activity abroad
... 104
Invention, defined
... 100
Invention made abroad
... 104
Inventions promotion, improper and deceptive
... 297
Inventions in outer space
... 105
Inventions patentable
... 101
Inventions previously patented abroad
... 102
Inventive step
... 103
Inventor:
Correction of patent
... 256
Death or incapacity
... 117
May obtain patent
... 101
Oath for joint
... 116
Refuses to sign
... 118
To make application
... 111
Inventor's certificate as reference
... 102
Inventor's certificate priority right
... 119
Issue of patent
... 151
Issue fee
... 41
If not paid within three months, patent withheld
... 151
Nonpayment
... 41, 151
Payment of
... 151
J
Joint inventors
... 116, 256
Joint owners
... 262
Jurisdiction of District Court for District of Columbia
... 32
K
Knowledge or use in foreign country no bar to patent
... 102
L
Legal representative of dead or incapacitated inventor
... 117
Liability of States
... 296
Libraries, public, copies of patents and published applications for patents for
... 12, 41
Library
... 7
License for foreign filing
... 184
Limitation on damages
... 154, 286, 287
M
Machines patentable
... 100
Maintenance fees
... 41(b)
Late payment
... 41(c)
Manufactures patentable
... 101
Marking articles falsely as patented
... 292
Marking articles patented
... 287
Misjoinder of inventor
... 116, 202, 256
Mistake in patent, certificate thereof issued
... 254, 255
Model, shall be furnished if required
... 114
Money:
Paid by mistake or in excess, refunded
... 42
Received for fees, etc. to be paid into Treasury
... 42
Multiple dependent claim
... 112
Fee
... 41
Mutilation of records
... 18 U.S.C. 2071
N
National Security
... 3, 122, 181
National stage of international application
... 371, 372, 373
New matter inadmissible in reissue
... 251
New matter, may not be introduced by amendment
... 132
Nonjoinder of inventor
... 256
Nonobviousness
... 103
Nonprofit organization, defined
... 200
Nonresident patentee
... 293
Notice as regards patents:
As to proof in infringement suits
... 282
Of allowance of patent
... 151
Of appeal to the Court of Appeals for the Federal Circuit
... 142, 143
Of interference
... 135
Of patent suit, decision to be given United States Patent and Trademark Office by clerk of court
... 290
Of rejection of an application
... 132
Of suit to be entered on file of patent
... 290
To the public by Federal agency
... 209
To the public that invention is patented
... 287
Novelty
... 102
O
Oath in patent application
... 115, 152
Before whom taken in foreign countries
... 25, 115
Before whom taken in the United States
... 115
Declaration in lieu of
... 25
Joint inventors
... 116
Must be made by inventor, if living
... 115
Requirements of
... 115
To be made by legal representative if inventor is dead or incapacitated
... 117
Obviousness
... 103
Officer of United States Patent and Trademark Office may attest patents
... 153
Officers and employees:
Of United States Patent and Trademark Office
... 3
Of United States Patent and Trademark Office, restrictions on as to interests in patents
... 4
Official Gazette:
Exchange for publications
... 11
Printing and distribution of
... 11
Public Advisory Committee Report
... 5
Owners, joint
... 262
Ownership assignment
... 261
P
Paris Convention
... 119
Patent and Trademark Office: See United States Patent and Trademark Office
Patent Cooperation Treaty:
Definitions
... 351
Patent fees
... 41
Disposition of
... 42
Patent laws, printing of
... 10
Patent pending, false marking as
... 292
Patent Public Advisory Committee
... 3, 5
Appointment, timing and basis
... 5
Duties
... 5
Consultation with Director
... 3, 5
Patent term adjustment
... 154
Patent term extension
... 155
Patent term extension application
... 156
Patent term restoration
... 155A
Patentability, conditions for
... 102, 103
Patentable inventions
... 101
Patented article, marked as such
... 287
Patentee:
Defined
... 100
Notified of interference
... 135
Patents:
Application for
... 111
Assignment of
... 261
Based on international application
... 375
Certified copies of
... 9
Classification of
... 8
Contents and duration of
... 154
Copies supplied to public libraries
... 12, 41
Copying claim of
... 135
Date, duration, and form
... 154
Design (See Design patents)
Effect of adverse interference decision
... 135
Exchange of printed copies with foreign countries
... 11
Fee on issuing
... 41
Filing application in foreign country
... 184
For what granted
... 101
Foreign knowledge or use no bar to grant of
... 102
How issued, attested, and recorded
... 153
May be granted to assignee
... 152
May be withheld in certain cases
... 181
Obtainable by civil action
... 145
Personal property
... 261
Presumption of validity
... 282
Price of copies
... 41(a)9
Printing of
... 10
Reissuing of, when defective
... 251
Rights of invention made with federal assistance
... 200 - 212
Restrictions on officers and employees of United States Patent and Trademark Office as to interest in
... 4
Surrender of, to take effect on reissue
... 251
Term
... 154, 155, 166A, 156
Term adjustment
... 154
Term extension
... 155, 156
Term restoration
... 155A
Time of issue, payment of issue fee
... 151
To be authenticated by seal of United States Patent and Trademark Office
... 2
When to issue
... 151
Withheld for nonpayment of issue fee
... 151
Patent rights in inventions made with Federal
assistance
... 200-212
Confidentiality
... 205
Definitions
... 201
Disposition of rights
... 202
Domestic and foreign protection of federally owned inventions
... 207
Educational awards
... 212
March-in rights
... 203
Policy and objective of
... 200
Precedence of chapter over other Acts
... 210
Preference for United States industry
... 204
Regulations governing federal licensing
... 208
Relationship to antitrust laws
... 211
Restrictions on licensing of federally owned inventions
... 209
Uniform clauses and regulations
... 206
Period for response
... 21, 133
Photolithography, Headings of drawings printed
... 10
Plant patents:
Claim
... 162, 164
Description
... 162, 163
Fees
... 41
Nature of right
... 163
Plants patentable
... 161
Secretary of Agriculture to furnish information and detail employees
... 164
Pleading and proof in action for infringement
... 282
Postal Service deposit
... 21
Practical application, defined
... 200
Pre-issuance opposition, when prohibited
... 122
Presumption of product made by patented process
... 295
Presumption of validity of patents
... 282
Printed publication bar to a patent
... 102
Printing:
Decisions in patent cases
... 10
Of papers filed
... 22
United States Patent and Trademark Office
... 10
Printing headings of drawings by United States Patent and Trademark Office
... 10
Prior art, citation of
... 301
Prior patenting or publication bar to patent
... 102
Priority, foreign
... 119, 365
Priority of invention
... 102
Priority of invention, determined by Board of Patent Appeals and Interferences
... 135
Priority, right of, under treaty or law
... 119
For design applications
... 172
Process defined
... 100
Process Patent Amendment Act of 1988
... 287
Process patentable
... 101
Product made by patent process
... 295
Property of United States Patent and Trademark Office
... 2
Provisional applications
... 111, 119
Provisional rights
... 154
Protest and pre-issuance opposition, when prohibited
... 122
Public use or sale
... 102
Of invention bar to a patent
... 102
Publication of international application, effect
... 374
Publication of patent applications
... 122, 181
Publications regarding patents and trademarks
... 10
R
Receiving Office
... 351, 361, 364, 367, 368
Recording of assignments
... 261
Reexamination order by Director
... 304, 313
Reexamination procedure
Appeal
... 134, 141, 306, 315
Certificate of patentability, unpatentability, and claim cancellation
... 307, 316
Conduct of reexamination proceedings
... 305, 314
Determination of issue by Director
... 303, 312
Determination of new question
... 303, 312
Ex Parte
... 302-307
Inter Partes
... 311-318
When prohibited
... 317
Request
... 302, 311
Special dispatch
... 305, 314
Stay of litigation
... 318
Reexamination to be made after first rejection, if desired
... 132
References, to be cited on examination
... 132
Refund of money paid by mistake or in excess
... 42
Reissue of patents:
Application fee
... 41(a)4
Application may be made by assignee in certain cases
... 251
By reason of defective claims
... 251
Effect of
... 252
For unexpired term of original patent
... 251
Intervening rights
... 252
Of defective patents
... 251
To contain no new matter
... 251
Rejection, applicant shall be notified of reasons for
... 132
Remedy for infringement of patent
... 281
Removal of records
... 18 U.S.C. 2071
Report to Congress, annual
... 13
Request for reexamination proceeding
... 302, 311
Restoration of patent
... 155A
Restrictions on officers and employees of United States Patent and Trademark Office as to interest in patents
... 4
Retention of revenue
... 2
Revival if delay unavoidable
... 133
Right of foreign priority
... 365
Right to compensation because of secrecy order
... 183
Rules for taking testimony, Director to establish
... 23
Rules of practice:
Authority for
... 2
Printing of
... 10
S
Saturday, time for action expiring on
... 21
Seal of United States Patent and Trademark Office
... 2
Secrecy of applications
... 122
Secrecy of certain inventions
... 181 - 188
Secrecy of international application
... 368
Secrecy order
... 181
Small business firm, defined
... 200
Small entity status
... 2, 41
Specification(s):
Contents of
... 112
If defective, reissue to correct
... 251
Part of patent
... 154
Printing of
... 10, 41
Uncertified copies, price of
... 41
Specimens, may be required
... 114
Statutory invention registration
... 157
Subpoenas to witnesses
... 24
Suit against the United States
... 286
Suit in equity (See Civil action)
Sunday, time for action expiring on
... 21
Surcharge for later filing of fee or oath
... 111
T
Term extension:
For administrative delays
... 154
For delays due to interference, secrecy orders, and/or appellate review
... 154
Regulatory review
... 156
Term of patent:
Design
... 173
Disclaimer of
... 253
Extension
... 155, 156
Period
... 154
Restoration
... 155A
Testimony, rules for taking
... 23
Time:
Expiring on Saturday, Sunday, or holiday
... 21
For payment of issue fee
... 151
For taking action in Government cases
... 267
Limitation on damages
... 286
Within which action must be taken
... 133
Title of invention
... 154
Trademark fees
... 42(c)
Trademarks, reference to
... 1, 2, 3, 10
Translation error in international application
... 375
U
Unauthorized disclosure
... 182
Unauthorized person may not lawfully assist persons in transaction of business before the Office
... 33
Under Secretary of Commerce for Intellectual Property
... 6
United States as designated office
... 363
United States, defined
... 100
United States Patent and Trademark Office:
In Department of Commerce
... 1
Library
... 7
Printing
... 10
Rules, authority for
... 2
Seal of
... 2
Unpatented article, penalty for deceptive marking
... 292
Use in foreign countries, no bar to grant of patent
... 102
V
Verified translation requirement
... 372
Voluntary arbitration
... 294
W
Withdrawal of international application
... 366
Withholding of patent
... 181
Witness:
Failing to attend or refusing to testify
... 24
Fees of, interference cases
... 24
In interference summoned by clerk of United States court
... 24
When in contempt, punishment
... 24
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