Based on title 28, U.S.C., 1940 ed., § 821 (R.S. § 973).
Word “action” was substituted for “any suit at law or in equity” to conform with Rule 2 of the Federal Rules of Civil Procedure.
Words “or decree” were omitted after “judgment,” because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree.
Changes were made in phraseology.
1999—
Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office”.
Amendment by
Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section
1000
(a)(9) [title IV, § 4731] of
Pub. L. 106–113, set out as a note under section
1 of Title
35, Patents.