35 USC § 291 - Derived patents

---
identifier: "/us/usc/t35/s291"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 291 - Derived patents"
title_number: 35
title_name: "PATENTS"
section_number: "291"
section_name: "Derived patents"
chapter_number: 29
chapter_name: "REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS"
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. 814; Pub. L. 112–29, §§ 3(h)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)"
---


# § 291. Derived patents

**(a)** **In General.—** 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.

**(b)** **Filing Limitation.—** 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.

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**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 814; Pub. L. 112–29, §§ 3(h)(1), 20(j), Sept. 16, 2011, 125 Stat. 288, 335.)

### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 66 (R.S. 4918, amended , ).

Language is changed.

## Editorial Notes

### Amendments

2011—, struck out “of this title” after “146”.

, amended section generally. Prior to amendment, text read as follows: “The owner of an interfering patent may have relief against the owner of another by civil action, and the court may adjudge the question of the validity of any of the interfering patents, in whole or in part. The provisions of the second paragraph of section 146 shall apply to actions brought under this section.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by  effective upon the expiration of the 18-month period beginning on , and applicable to certain applications for patent and any patents issuing thereon, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .

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 .

### Savings Provisions

Provisions of , as in effect on the day before the expiration of the 18-month period beginning on , apply to each claim of certain applications for patent, and certain patents issued thereon, for which the amendments made by  also apply, see , set out as an Effective Date of 2011 Amendment; Savings Provisions note under .