35 USC § 267 - Time for taking action in Government applications

---
identifier: "/us/usc/t35/s267"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 267 - Time for taking action in Government applications"
title_number: 35
title_name: "PATENTS"
section_number: "267"
section_name: "Time for taking action in Government applications"
chapter_number: 27
chapter_name: "GOVERNMENT INTERESTS IN PATENTS"
part_number: "III"
part_name: "PATENTS AND PROTECTION OF PATENT RIGHTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 19, 1952, ch. 950, 66 Stat. 811; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)"
---


# § 267. Time for taking action in Government applications

Notwithstanding the provisions of sections 133 and 151, the Director may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Director that the invention disclosed therein is important to the armament or defense of the United States.

---

**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 811; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 37 (R.S. 4894, amended (1) , , 693, (2) , , 347–8, (3) , , (4) , ).

This provision, which appears as the last two sentences of the corresponding section of the present statute (see note to section 133) is made a separate section and rewritten in simpler form.

## Editorial Notes

### Amendments

2011— struck out “of this title” after “151”.

2002— made technical correction to directory language of . See 1999 Amendment note below.

1999—, as amended by , substituted “Director” for “Commissioner” in two places.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by  effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

### Effective Date of 1999 Amendment

Amendment by  effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .