Us Code § 131 - Examination of application
Full text of Us Code United States Code § 131 — Examination of application, with citation guidance and answers to common questions.
§ 131. Examination of application
The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §36 (R.S. 4893).
The first part is revised in language and amplified. The phrase "and that the invention is sufficiently useful and important" is omitted as unnecessary, the requirements for patentability being stated in sections 101, 102 and 103.
Editorial Notes
Amendments
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted "Director" for "Commissioner" in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Pre-Prosecution Assessment Pilot Program
Pub. L. 117–328, div. W, §106, Dec. 29, 2022, 136 Stat. 5521, provided that:
"(a)
"(b)
"(1) a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office;
"(2) conditions to determine eligibility for the pilot program, taking into consideration available resources;
"(3) reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant;
"(4) procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and
"(5) procedures to protect the confidentiality of the information disclosed by prospective patent applicants."
[For definitions of terms used in section 106 of div. W of Pub. L. 117–328, set out above, see section 102 of div. W of Pub. L. 117–328, set out as a Definitions note under section 1 of this title.]
About This Section
35 U.S.C. § 131 is part of Title 35 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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