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35 U.S.C. § 152

Section 152 · Issue of patent to assignee

Amended 2 times on record

Applied in 2 court decisions — leading case SiRF Technology, Inc. v. International Trade Commission (2010)

Most recently applied in SiRF Technology, Inc. v. International Trade Commission (April 2010)

How often courts cite this section

195219601970198019902000201220ch. 950enacted · 1952 · ch. 95093-596amended · 1975 · 93-596SiRF Technology, Inc. v. International Trade Commissionleading · 2010 · SiRF Technology, Inc. v. International Trade Commission
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Patents may be granted to the assignee of the inventor of record in the Patent and Trademark Office, upon the application made and the specification sworn to by the inventor, except as otherwise provided in this title.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §44 (R.S. 4895).

Language is changed and the reference to reissue is omitted in view of the general provision in section 251.

Amendments

1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Effective Date of 1975 Amendment

Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.

Cross References

Application for patent by assignee, see section 118 of this title.

Ownership of patent, assignment of, see section 261 of this title.

Reissue of patent by assignee, see section 261 of this title.

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