Derived patents

United States Code

Section: 291

Jurisdiction: US

Bluebook Citation: 35 U.S.C. § 291


Citation analytics

How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.

Highly CitedTop 3% most-cited · cited by 71 decisions
71
Citing decisions
6+
Courts citing

Citations by decade

5
3
6
9
13
17
13
5
1950s1960s1970s1980s1990s2000s2010s2020s

Courts citing this statute

Fed. Cir.30
D. Del.9
D.D.C.6
S.D.N.Y.6
N.D. Ill.3
D. Kan.2
Most recently cited by10
  • 2025Global Health Solutions LLC v. Selner Fed. Cir.
  • 2025RSB Spine, LLC v. DePuy Synthes Sales, Inc. D. Del.
  • 2023RSB Spine, LLC v. DePuy Synthes Sales, Inc. D. Del.
  • 2023Snipr Technologies Limited v. Rockefeller University Fed. Cir.
  • 2019Christy, Inc. v. United States Fed. Cl.
  • 2018Cascades AV LLC v. Evertz Microsystems, Ltd. N.D. Ill.
  • 2017Secure Axcess, LLC v. PNC Bank National Ass'n Fed. Cir.
  • 2014Danisco U.S. Inc. v. Novozymes A/S Fed. Cir.
  • 2012Bally Gaming, Inc. v. Kappos D.D.C.
  • 2011Creative Compounds, LLC v. Starmark Laboratories Fed. Cir.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Text

The owner of a patent may have relief by civil action against the owner of another patent that claims the same invention and has an earlier effective filing date, if the invention claimed in such other patent was derived from the inventor of the invention claimed in the patent owned by the person seeking relief under this section. An action under this section may be filed only before the end of the 1-year period beginning on the date of the issuance of the first patent containing a claim to the allegedly derived invention and naming an individual alleged to have derived such invention as the inventor or joint inventor. (Source: (July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 112–29, §§ 3(h)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.))

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