republic-os/legal/us/code/title-35/chapter-2/section-24.md

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LegalText	35 U.S.C. § 24	Subpoenas, witnesses	us	united_states_code	code_section	35	PATENTS	2	PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE	24	35 U.S.C. § 24	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip	/us/usc/t35/s24	data/legal/raw/us/code/title-35/usc35.xml	2b36c7ab3cef457263df334f94dc0598d791af7676446c5aca02e957c784f600	736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3	94a4ad6adef6fc42144c2cf469f76385d6d1e26310fe2598923933dea3786bee	2026-07-04	official	legal us-code

35 U.S.C. § 24 - Subpoenas, witnesses

Text

The clerk of any United States court for the district wherein testimony is to be taken for use in any contested case in the Patent and Trademark Office, shall, upon the application of any party thereto, issue a subpoena for any witness residing or being within such district, commanding him to appear and testify before an officer in such district authorized to take depositions and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses and to the production of documents and things shall apply to contested cases in the Patent and Trademark Office. Every witness subpoenaed and in attendance shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts. A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless his fees and traveling expenses in going to, and returning from, and one day’s attendance at the place of examination, are paid or tendered him at the time of the service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena.

(July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949.)

Notes

Historical and Revision NotesBased on Title 35, U.S.C., 1946 ed., §§ 54, 55 and 56 (R.S. 4906, amended Feb. 18, 1922, ch. 58, § 7, 42 Stat. 389, 391–2; R.S. 4907; R.S. 4908). Three sections of the existing statute are combined with some changes in language and placed in part 1 since they apply to trade-mark cases in the Patent Office as well as to patent cases. Reference to a repealed statute in the first paragraph is replaced by reference to the Federal Rules of Civil Procedure and certain rules are made applicable.

Editorial Notes

References in TextThe Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1975 AmendmentAmendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.