35 U.S.C. 291 Interfering patents.
The owner of an interfering patent may have relief against the owner of another by civil action, and the court may adjudge the question of validity of any of the interfering patents, in whole or in part. The provisions of the second paragraph of section 146 of this title shall apply to actions brought under this section.
[*Begin Editor's Note: 35 U.S.C. 291 (Sept. 16, 2012)]
Effective Sept. 16, 2012, pursuant to the Leahy-Smith America Invents Act, Public Law 112-29, sec. 20(j), 125 Stat. 284, this section is amended by striking ‘‘of this title’’ each place that term appears.
[*End Editor's Note: 35 U.S.C. 291 (Sept. 16, 2012)]
[*Begin Editor's Note: 35 U.S.C. 291 (March 16, 2013)]
Effective March 16, 2013, 35 U.S.C. 291 will read as follows, and shall apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—
- (A) a claim to a claimed invention that has an effective filing date as defined in section 100(i) of title 35, United States Code, that is on or after March 16, 2013 (the effective date described in the Leahy-Smith America Invents Act, Public Law 112-29, sec. 3); or
- (B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.
NOTE: The provisions of 35 U.S.C. 291, as in effect on March 15, 2013, shall apply to each claim of an application for patent, and any patent issued thereon, for which the amendments made by this section (Leahy Smith America Invents Act sec. 3) also apply, if such application or patent contains or contained at any time—
- (A) a claim to an invention having an effective filing date as defined in section 100(i) of title 35, United States Code, that occurs before March 16, 2013 (the effective date set forth in the Leahy Smith America Invents Act sec. 3); or
- (B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.