
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.)


                      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

    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, 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.
