Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the patent or rights thereunder. If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall have jurisdiction and summons shall be served by publication or otherwise as the court directs. The court shall have the same jurisdiction to take any action respecting the patent or rights thereunder that it would have if the patentee were personally within the jurisdiction of the court.
35 U.S.C. § 293
HISTORICAL AND REVISION NOTESThis section provides for service on non-resident patentees.
EDITORIAL NOTES
AMENDMENTS2011- Pub. L. 112-29 substituted "United States District Court for the Eastern District of Virginia" for "United States District Court for the District of Columbia".1975- Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by Pub. L. 112-29 effective Sept. 16, 2011, and applicable to any civil action commenced on or after that date, see section 9(b) of Pub. L. 112-29 set out as a note under section 1071 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1975 AMENDMENTAmendment 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.
- process
- The term "process" means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
- United States
- The terms "United States" and "this country" mean the United States of America, its territories and possessions.
- patentee
- The word "patentee" includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.