U. S. Code, Part 35 - PatentsThe Copyright Code is here
The Trademark Code is hereThese verses are part
Thirty five of the code
Of the U. S. of A.
Written down as an ode
They summarize patent law
Most generally
But don't cover every fine
Detail, you see
For instance small business
Pays half the fees stated
This info was left out
Of what was related
So what I have written
Be it naughty or nice
Is no substitute for real
Legal advice
(And where I write "he"
I don't mean to insist
That a man is implied
I'm not that Chauvinist)
Part I1This section establishes
The office, PT
And says that it's located
In Washington, D.C.
2The office can do what
It does, naturally
Make patents and trademarks
For people to see
3There's directors, commissioners,
And lawyers there, too
They all should be trained
So they know what to do
4Anyone working there
In any capacity
Can't claim any patents,
To ensure their veracity
5The patent dispensers
Can't sit and look pretty
They have to take heed of
An advisory committee
6After making decisions,
Either "yes" or "rejected",
A board of appeals may now
Change what they just did
7The director can't only
Depend on his looks
He has to be smart and
Read plenty of books
8The director may also
Reclassify subjects
In order to help decide
Accepts or rejects
9The director may give -
He's got nothing to hide -
Copies of patents and
Pics, certified
10He also may publish
This stuff in a journal
So it can be read by
All people, external
11He can also give copies
To foreigners; although
Only if they're from NAFTA
Or the WTO
12Libraries also
Get copies each year
They make for good doorstops
Or so I do hear
12In June every year
He reports the amount
Of money left in the
PTO's bank account
21If you pay any fees, you
Can now feel relieved -
The postmark establishes
When they're received
22Documents received can be
Sent in by mail
Either electronic
Or delivered by snail
23If you need to appear in
A court to testify
The director may tell you
What rules will apply
24If you are a witness
It's no cause to unravel
They pay for your trouble
And also your travel
25Some things you can mail in
If signed, under oath
Lying may cost money,
Or imprisonment, or both
26Documents may sometimes be
Accepted when wrong
If corrected ones will soon
Be following along
32The director can fire people
Pretty much when he feels
(If you're wondering, section 31
Has since been repealed)
33Pretending to practice
In the patenting field
Will cost you a thousand bucks
When your guilt is revealed
41There's all sorts of fees
To be paid for this service
If you're six months past due
You had better be nervous
42The fees get collected
And used to pay costs
Important info without which
You'd surely be lost
Part II100Some words are defined here
To prevent all contention
For instance: "invention" means
Uh, well it means "invention"
101Patents are for processes,
Machines, or compositions,
Or improvements thereof,
Subject to conditions
102If already known
Or in print, or described,
Or abandoned, a patent
Cannot be applied
103A process that anyone could
Discover's superfluous
You can't patent it, for it's
Patently obvious
104You can only claim patent
If you made the invention
In a country with which we
Have no contention
105If you come from outer space
The rules aren't dismissed
Apparently this applies to
The lawyers who wrote this
111To apply for a patent
You fill out in writing
And you swear and you pay
Isn't that exciting?
112You fill out your claim
About what the thing does
And how it all works
And wherefore and because
113You can send in some pictures
To make your case clear
You can use finger paints
If your children are near
114You may need to send in a
Working model, too
For things biological
You send in some goo
115You then make an oath
That you're telling the truth
And then go to dinner
And drink your vermouth
116Inventors join forces if
Co-invention is proved
You can also join later
Or have your name removed
117If you're dead, your estate
Might on patents insist;
Wait, if you're dead, how
Are you reading this?
118If you don't want to patent
Don't worry too much
Let someone else do it
For a fee or somesuch
119If you're already registered
Outside the states
You are retroactively granted
Within a year of the date
120A followup patent
Is often permitted
To be dated to when the
First one was submitted
121Two inventions should not
Be submitted together
So split them, and next time
Don't try to be clever
122Patent applications are
Kept in obscurity
Especially ones that
Affect national security
131A mysterious section;
It says the director
Will don trenchcoat and specs
And become an inspector
132If rejected, a letter to
The inventor goes flying
It says, "Sorry. No good. But
Thank you for trying."
133If you fail to reply
To a letter you get
Your application is invalid
Which you'll surely regret
134If you twice get rejected
I know just how you feel
Take heart, and complain to
The board of appeals
135Interference is when
Two patents disagree
Kind of like in football
Terminology
141If you're still unhappy, you
Can complain higher up;
Has anyone else noticed that
The numbering is screwed up?
142Just go to the Federal
Circuit to yell
Was that "Circuit" or "Circus"?
How can anyone tell?
143The Circuit (or Circus)
Will request all the docs
And the PTO sends them
Overnight in a box
144It decides what to do
And will tell you quite freely
You can bribe them with small bills
Or gifts (no, not really)
145Weirder yet, if you don't like
Federals of that sort,
You can yell at the office
And take them to court
146And the same thing applies
For interference probs,
But you probably won't win
If you break down in sobs
151If your patent is granted
You'll get it the day
That you break out your wallet
And finally pay
152An assignee can also
Receive it for you
Make sure he remembers
To pass it on, too
153The patent is stamped, and
It's signed and it's sealed
And it's boiled and basted
And posted and peeled
154The patent applies in the
Days and the nights
For the next twenty years
Giving exclusive rights
155You can't extend patents
For even one day
Unless pending research
By the FDA
155AAn exception is made
To give extension
For drugs made during Carter's
Administration
156More exceptions are granted
For DNA and stuff
To ensure that they have been
Tested enough
157Statuatory registration
May also be involved
Even before other
Issues are solved
161A whole chapter follows
Devoted to plants
There's no such provision
For new types of ants
162Why not? Ants are much
Cuter than greenery
They crawl upside down
And they brighten the scenery
163And ants are important
They aerate the ground
And they clean up dead leaves
Wherever they're found
164By the way, you may notice
That plants I'm ignoring
It's mostly because this
Whole chapter was boring
171This next chapter talks about
Patents for design
Get out your finger paints
And step up to the line
172The previous priority
System's used here
For checking the dates
Day and month, and the year
173Design patents last only
For fourteen years
By which time the next fad
Of style appears
181Some patents are secret
For national fears
This secrecy must be
Renewed every year
182Any secret patent will
Be quickly removed
If filing in some other
Country is proved
183If secrecy harms you
You'll be compensated
Important people tell you
How this is calculated
184A regular patent you
Filed for here
Can be filed abroad if
You wait half a year
185You can only do that
With a license obtained
Without it you'll lose
Unless error is claimed
186Publishing secrets is
Really uncool
A lesson you should have learned
Back in high school
187Permission is granted
To people who warrant
If you have to ask, then you
Certainly aren't
188More rules can be written
About secrecy
And hidden in places
Where no one can see
200This chapter deals mostly
With federally assisted
Inventions; yours wasn't
You probably missed it
201More plain definitions are
Written out here
In order to make sure
All meanings are clear
202Sometimes the government
Let's you keep what you made
It depends on a poker game
Who won, and who played
203Even when the government
Doesn't make you lose it
They'll probably force you
To let them use it
204If you license it out
In any circumstance
You must give U.S.
Companies first chance
205The feds won't blab secrets
With their interests at stake
It might interfere
With the money they'd make
206Once again, here's a clause
That if these rules are lacking
More rules may be created
With federal backing
207Federal agencies
Should hold patents, because
They could patent up "war"
Before somebody else does
208All parts of the government
Every hill, town, and alley
Must listen to the government
Except Tennessee Valley (it's true)
209A federal patent
Can be licensed to mentors
Who may actually need it
Like "Bob's House of Inventors"
210A really long section
That talks about precedence
And goes on for pages
With little or no consequence
211These special regulations
For citizens governmental
Won't help you in the least
For any acts criminal
212Educational grants are
Not covered by these
Laws; so go patent
Your blue college cheese
Part III251If a patent's defective
As some are, naturally,
You can have them updated
If you pay the right fee
252The old one is replaced by
The new. Too bad we
Can't as simply replace a bad
Personality
253A partial invalidation
Doesn't wreck the whole claim
Just mark what's in error and
Find someone to blame
254If the office made an error
The director must pontificate
Whether to correct it
Or issue a certificate
255If the applicant made the error
The choices are the same
But corrections cost money
To stay in the game
256You can even have names
Corrected within,
You should spell your name correctly
When you first send it in
261Patents are property
According to this small part
You can sell them, or trade them,
Or buy them at Walmart
262Each owner in joint can
Sell his part or hers
Regardless of what the
Other owners prefer
267If the patent is needed
By the U. S. armed forces
All dates are extended
As a matter of courses
271Using patented methods
Or a patented device
Is considered infringement
And it isn't quite nice
272But patented engines
Not available here
Can be used in your vehicle
Without any fear
273New patents released cannot
Cause an infraction
A year after you started
Doing your action
281The civil court rules
On all cases without fuss
Because patent infringement
Just isn't civil-rous
282You can claim in defense
That the patent is wrong
Or the claims that it makes
Were obvious all along
283The court may then rule
An injunction, or not
Against you, against them
For who knows why and what
284The court may award damages
Or minimally royalties
Depending on how much you
Win the court's loyalties
285The court may award court fees
In exceptional cases
Like ripping up patents
And throwing into faces
286You can only collect damages
For up to six years
Get those lawyers going
And spread the good cheer
287You can mark things protected
By writing on them "pat."
And the number; you won't collect
Damages without that
288If part of the patent is
Found to be invalid
The rest still applies
Like a steak without salad
289Design patents are also
Protected by all of this
You have to pay minimum
Two hundred fifty damages
290When patents are challenged
Some letters are then sent
They're also sent out for
Any case of infringement
291In a clash of two patents
The first one prevails
The other is corrected
And all that entails
292Mismarking as patented, or
Claiming when not,
Is a fine of up to five
Hundred dollars, hot shot
293If you're living abroad
Just send one of your staff
Who lives here to sue for you
On your behalf
294Instead of the courts
You can use arbitration
If both of the parties
Give affirmation
295An item that can be made
In a patented way
Is assumed to have been so
Which seems backwards, I say
296States are like people
When suing in courts
They'e liable for actions
Infringeable, all sorts
297An invention promoter
Can help you with issues
You can sue if his promises
Were all made of tissues
301If you recognize an invention
In whole or in part
You can file a complaint
And then claim "prior art"
302You can also request
On the very same day
A reexamination, if
You're willing to pay
303The director will think
And he'll squint and he'll scratch
And he'll try to decide if
The arguments match
304And he may even open some
More patent questions
He'll also listen to the
Patent owner's suggestions
305The owner may then change
The patent specific
To exclude prior art, in
Which case, it's terrific
306Or he may try to send
An appeal of some sort
All actions get noted down
On the report
307In the end, a certificate
Is issued in writing
The judgement is final
No crying, no fighting
311This section is like the last one
But "Inter parte"
Which means that the questioner
Doesn't go away
312See, "Ex parte" means
That a question is asked
And then the director
Completes the whole task
313Otherwise they're the same
Which explains my objection
To simply repeating all
I wrote the last section
314Instead the director
Sits back in his chair
And watches the fighting
And ensures its all fair
315And appeals can be filed
Which is very revealing
Because the procedure
Is hardly appealing
316When everything's over
A certificate's written
On which party bited
And which one got bitten
317If you lose your brought case
You don't get to make more
Unless you have new news
Which changes the score
318The patent owner may also
Stay more litigation
Unless it will benefit
Some part of the nation
Part IV351This part is all about
Patenting treaties
With neighboring countries,
Those cute little sweeties
361The office of patents
Does business with all
Countries and citizens
International
362The office can collect fees
For other nations
And also take from them
Without reservation
363International patents
Are also stored here
On the date they're recorded
By month, day, and year
364All services rendered
For all other nations
Are according to treaties
And recommendations
365The dates on the patents
Are from the dates filed
In any valid country
But not those reviled
366International claims
Can still be withdrawn
Unless made nationally
Before they are gone
367And there still are reviews
As treaties specify
If a claim gets misplaced,
Or held up, or denied
368If a patent that's foreign
Is secretly kept
You can't tell its contents
To people inept
371We respect foreign patents
And register them, sir
We respect them more than we
Respect foreigners
372Our procedures are guided by
Treaties real, not fictitious
This chapter is becoming
Quite repetitious
373For instance, this says that
We only accept
Forms from those people we
Accept, not reject
374And we publish these too, just
Like all of the others
Because we really just love you
So, so much (oh, brother!)
375We'll enforce foreign patents
As if we had written them
And the original language
Trumps ours, in a problem
376All services rendered
Costs dollars, which fits
I assume that the payer is
The one who submits
Well that's it, hope you've learned
All you wanted to know
If you have any problems
Please don't tell me so
Yehuda
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Attribution should include a live link to this blog post, whenever possible; text link otherwise. License for commercial usage also available from the owner.
What next? The criminal code? Armed forces? Should I do all of them and turn them into a book?
If anyone wants me to render any other texts into mock poetry, I am available for hire; this extremely limited and specific talent should be put to good use.