I 

110TH CONGRESS 

1ST SESSION H. R. 1778 

To amend title 35, United States Code, to allow the Director of the United 

States Patent and Trademark Office to accept late filings in certain 

cases of unintentional delay. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. DELAHUNT (for himself, Mr. DUNCAN, and Mr. MEEHAN) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 35, United States Code, to allow the Director 

of the United States Patent and Trademark Office to 

accept late filings in certain cases of unintentional delay. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT 

4 LATE FILINGS. 

5 (a) AUTHORITY.—Section 2 of title 35, United States 

6 Code, is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(e) DISCRETION TO ACCEPT LATE FILINGS IN CER9 TAIN CASES OF UNINTENTIONAL DELAY.— 

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1 ‘‘(1) IN GENERAL.—The Director may accept 

2 any application or other filing made by— 

3 ‘‘(A) an applicant for, or owner of, a pat4 ent after the applicable deadline set forth in 

5 this title with respect to the application or pat6 ent, or 

7 ‘‘(B) an applicant for, or owner of, a mark 

8 after the applicable deadline under the Trade9 mark Act of 1946 with respect to the registra10 tion or other filing of the mark, 

11 to the extent that the Director considers appro12 priate, if the applicant or owner files a petition with13 in 30 days after such deadline showing, to the satis14 faction of the Director, that the delay was uninten15 tional. 

16 ‘‘(2) TREATMENT OF DIRECTOR’S ACTIONS ON

17 PETITION.—If the Director has not made a deter18 mination on a petition filed under paragraph (1) 

19 within 60 days after the date on which the petition 

20 is filed, the petition shall be deemed to be denied. A 

21 decision by the Director not to exercise, or a failure 

22 to exercise, the discretion provided by this subsection 

23 shall not be subject to judicial review. 

24 ‘‘(3) OTHER PROVISIONS NOT AFFECTED.— 

25 This subsection shall not apply to any other provimstockstill on PROD1PC66 with BILLS

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1 sion of this title, or to any provision of the Trade2 mark Act of 1946, that authorizes the Director to 

3 accept, under certain circumstances, applications or 

4 other filings made after a statutory deadline or to 

5 statutory deadlines that are required by reason of 

6 the obligations of the United States under any trea7 ty. 

8 ‘‘(4) DEFINITION.—For purposes of this sub9 section, the ‘Trademark Act of 1946’ refers to the 

10 Act entitled ‘An Act to provide for the registration 

11 and protection of trademarks used in commerce, to 

12 carry out the provisions of certain international con13 ventions, and for other purposes.’, approved July 5, 

14 1946 (15 U.S.C. 1051 et seq.).’’. 

15 (b) APPLICABILITY.— 

16 (1) IN GENERAL.—The amendment made by 

17 subsection (a) shall apply to any application or other 

18 filing— 

19 (A) that is made on or after the date of 

20 the enactment of this Act; or 

21 (B) that, on such date of enactment, is 

22 pending before the Director or is subject to ju23 dicial review. 

24 (2) TREATMENT OF PENDING APPLICATIONS

25 ANDFILINGS.—In the case of any application or filmstockstill on PROD1PC66 with BILLS

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1 ing described in paragraph (1)(B), the 30-day period 

2 prescribed in section 2(e)(1) of title 35, United 

3 States Code, as added by subsection (a) of this sec4 tion, shall be deemed to be the 30-day period begin5 ning on the date of the enactment of this Act. 

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