§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, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536 , 1501A-582.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §37 (R.S. 4894, amended (1) Mar. 3, 1897, ch. 391, §4, 29 Stat. 692 , 693, (2) July 6, 1916, ch. 225, §1, 39 Stat. 345 , 347-8, (3) Mar. 2, 1927, ch. 273, §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

1999-Pub. L. 106–113 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, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

Cross References

Abandonment of invention as denying patentability, see section 102 of this title.

Section Referred to in Other Sections

This section is referred to in sections 41, 267, 305, 314 of this title.