§ 133. — Time for prosecuting application.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC133]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 12--EXAMINATION OF APPLICATION
Sec. 133. Time for prosecuting application
Upon failure of the applicant to prosecute the application within
six months after any action therein, of which notice has been given or
mailed to the applicant, or within such shorter time, not less than
thirty days, as fixed by the Director in such action, the application
shall be regarded as abandoned by the parties thereto, unless it be
shown to the satisfaction of the Director that such delay was
unavoidable.
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113
Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III,
Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 37 (R.S. 4894, amended (1)
Mar. 3, 1897, ch. 391, Sec. 4, 29 Stat. 692, 693, (2) July 6, 1916, ch.
225, Sec. 1, 39 Stat. 345, 347-8, (3) Mar. 2, 1927, ch. 273, Sec. 1, 44
Stat. 1335, (4) Aug. 7, 1939, ch. 568, 53 Stat. 1264).
The opening clause of the corresponding section of existing statute
is omitted as having no present day meaning or value and the last two
sentences are omitted for inclusion in section 267. The notice is stated
as given or mailed. Language is revised.
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.
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, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in sections 41, 267, 305, 314 of this
title.
