Legislative History - An Introduction

Title 35 of the United States Code, contains laws of a general and permanent nature relating to Patents, including all amendments and enactments.

Act July 19, 1952 , c. 950, 66 Stat. 792 , codified and enacted into positive law Title 35 of the United States Code entitled "Patents." This codification, simplified and clarified language and arrangement, and eliminated obsolete and redundant provisions. It also effected substantive changes, which are explained in revision notes keyed to the applicable sections. The major substantive changes were the incorporation of the requirement for invention and the judicial doctrine of contributory infringement in section 103 and section 271, respectively, of this title.

Subject to numerous amendments over the years, the codification originally divided the patent laws into three parts. Part I-Patent and Trademark Office (formerly the Patent Office) contains provisions governing that Office, its powers and duties, and related matters. Part II- Patentability of Invention and Grant of Patents sets out the conditions under which patents may be obtained and the procedure for doing so. Part III-Patents and Protection of Patent

Rights relates to the patents themselves and the protection of rights under patents.

Pub.L. 94-131, Nov. 14, 1975, 89 Stat. 685 added a new part, Part IV-Patent Cooperation Treaty. The treaty, signed by 35 countries by December 31, 1970, simplifies the filing of patent applications on the same invention in different countries by providing, among other things, centralized filing procedures and a standardized application format. It helps expand established programs of American industry to file foreign patent applications as well as encourages smaller businesses and individual investors to become more active in seeking patent protection abroad.

Other amendments to Title 35 concern the change of name of the Patent Office to the Patent and Trademark Office, revised fee, schedules for application and issue of patents, and modifications in procedures related to the protection of patents.