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Patent Act of 1952

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Title: Patent Act of 1952  
Author: World Heritage Encyclopedia
Language: English
Subject: Gottschalk v. Benson, Plant Variety Protection Act of 1970, History of United States patent law, Tax patent, Graham v. John Deere Co.
Collection: 1952 in Law, United States Federal Patent Legislation
Publisher: World Heritage Encyclopedia

Patent Act of 1952

The U.S. Patent Act of 1952 clarified and simplified existing U.S. patent law. It also effected substantive changes, including the incorporation of the requirement for invention (35 U.S.C. §103) and the judicial doctrine of contributory infringement (35 U.S.C. §271).


The Act originally divided the patent law into three parts:

Part I — Patent and Trademark Office
contains provisions governing that Office, its powers and duties, and related matters.
Part II — Patentability of Invention and Grant of Patents
sets out when and how patents may be obtained.
Part III — Patents and Protection of Patent Rights
relates to the patents themselves and the protection of rights under patents.

A later amendment added

Part IV — Patent Cooperation Treaty
Intended to simplify the filing of patent applications for an invention in different countries, the Patent Cooperation Treaty, signed by 35 countries by December 31, 1970, provides (inter alia) centralized filing procedures and a standardized application format. It helps expand established programs of American industry to file foreign patent applications, and encourages smaller businesses and individual investors to become more active in seeking patent protection abroad.

Other amendments to Title 35 concern the renaming from "Patent Office" to "Patent and Trademark Office"; revised fee schedules for application and issue of patents; and modifications in procedures related to the protection of patents.

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