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[112th Congress Public Law 211]
[From the U.S. Government Printing Office]

[[Page 126 STAT. 1527]]

Public Law 112-211
112th Congress

                                 An Act

 
 To implement the provisions of the Hague Agreement and the Patent Law 
              Treaty. <<NOTE: Dec. 18, 2012 -  [S. 3486]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Patent Law 
Treaties Implementation Act of 2012.>> 
SECTION <<NOTE: 35 USC 1 note.>> 1. SHORT TITLE.

    This Act may be cited as the ``Patent Law Treaties Implementation 
Act of 2012''.

   TITLE I--HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF 
                           INDUSTRIAL DESIGNS

SEC. 101. THE HAGUE AGREEMENT CONCERNING INTERNATIONAL 
                        REGISTRATION OF INDUSTRIAL DESIGNS.

    (a) In General.--Title 35, United States Code, is amended by adding 
at the end the following:

 ``PART V--THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF 
                           INDUSTRIAL DESIGNS

``CHAPTER                                                           Sec.
``38. International design applications...........................  381.

             ``CHAPTER 38--INTERNATIONAL DESIGN APPLICATIONS

``Sec.
``381. Definitions.
``382. Filing international design applications.
``383. International design application.
``384. Filing date.
``385. Effect of international design application.
``386. Right of priority.
``387. Relief from prescribed time limits.
``388. Withdrawn or abandoned international design application.
``389. Examination of international design application.
``390. Publication of international design application.

``Sec. 381. <<NOTE: 35 USC 381.>> Definitions

    ``(a) In General.--When used in this part, unless the context 
otherwise indicates--
            ``(1) the term `treaty' means the Geneva Act of the Hague 
        Agreement Concerning the International Registration of 
        Industrial Designs adopted at Geneva on July 2, 1999;

[[Page 126 STAT. 1528]]

            ``(2) the term `regulations'--
                    ``(A) when capitalized, means the Common Regulations 
                under the treaty; and
                    ``(B) when not capitalized, means the regulations 
                established by the Director under this title;
            ``(3) the terms `designation', `designating', and 
        `designate' refer to a request that an international 
        registration have effect in a Contracting Party to the treaty;
            ``(4) the term `International Bureau' means the 
        international intergovernmental organization that is recognized 
        as the coordinating body under the treaty and the Regulations;
            ``(5) the term `effective registration date' means the date 
        of international registration determined by the International 
        Bureau under the treaty;
            ``(6) the term `international design application' means an 
        application for international registration; and
            ``(7) the term `international registration' means the 
        international registration of an industrial design filed under 
        the treaty.

    ``(b) Rule of Construction.--Terms and expressions not defined in 
this part are to be taken in the sense indicated by the treaty and the 
Regulations.
``Sec. 382. <<NOTE: 35 USC 382.>> Filing international design 
                applications

    ``(a) In General.--Any person who is a national of the United 
States, or has a domicile, a habitual residence, or a real and effective 
industrial or commercial establishment in the United States, may file an 
international design application by submitting to the Patent and 
Trademark Office an application in such form, together with such fees, 
as may be prescribed by the Director.
    ``(b) Required Action.--The <<NOTE: Fees.>>  Patent and Trademark 
Office shall perform all acts connected with the discharge of its duties 
under the treaty, including the collection of international fees and 
transmittal thereof to the International Bureau. Subject to chapter 17, 
international design applications shall be forwarded by the Patent and 
Trademark Office to the International Bureau, upon payment of a 
transmittal fee.

    ``(c) Applicability of Chapter 16.--Except as otherwise provided in 
this chapter, the provisions of chapter 16 shall apply.
    ``(d) Application Filed in Another Country.--An international design 
application on an industrial design made in this country shall be 
considered to constitute the filing of an application in a foreign 
country within the meaning of chapter 17 if the international design 
application is filed--
            ``(1) in a country other than the United States;
            ``(2) at the International Bureau; or
            ``(3) with an intergovernmental organization.
``Sec. 383. <<NOTE: 35 USC 383.>> International design application

    ``In addition to any requirements pursuant to chapter 16, the 
international design application shall contain--
            ``(1) a request for international registration under the 
        treaty;
            ``(2) an indication of the designated Contracting Parties;
            ``(3) data concerning the applicant as prescribed in the 
        treaty and the Regulations;

[[Page 126 STAT. 1529]]

            ``(4) copies of a reproduction or, at the choice of the 
        applicant, of several different reproductions of the industrial 
        design that is the subject of the international design 
        application, presented in the number and manner prescribed in 
        the treaty and the Regulations;
            ``(5) an indication of the product or products that 
        constitute the industrial design or in relation to which the 
        industrial design is to be used, as prescribed in the treaty and 
        the Regulations;
            ``(6) the fees prescribed in the treaty and the Regulations; 
        and
            ``(7) any other particulars prescribed in the Regulations.
``Sec. 384. <<NOTE: 35 USC 384.>> Filing date

    ``(a) In General.--Subject to subsection (b), the filing date of an 
international design application in the United States shall be the 
effective registration date. Notwithstanding the provisions of this 
part, any international design application designating the United States 
that otherwise meets the requirements of chapter 16 may be treated as a 
design application under chapter 16.
    ``(b) Review.--An applicant may request review by the Director of 
the filing date of the international design application in the United 
States. The Director may determine that the filing date of the 
international design application in the United States is a date other 
than the effective registration date. The Director may establish 
procedures, including the payment of a surcharge, to review the filing 
date under this section. Such review may result in a determination that 
the application has a filing date in the United States other than the 
effective registration date.
``Sec. 385. <<NOTE: 35 USC 385.>> Effect of international design 
                application

    ``An international design application designating the United States 
shall have the effect, for all purposes, from its filing date determined 
in accordance with section 384, of an application for patent filed in 
the Patent and Trademark Office pursuant to chapter 16.
``Sec. 386. <<NOTE: 35 USC 386.>> Right of priority

    ``(a) National Application.--In accordance with the conditions and 
requirements of subsections (a) through (d) of section 119 and section 
172, a national application shall be entitled to the right of priority 
based on a prior international design application that designated at 
least 1 country other than the United States.
    ``(b) Prior Foreign Application.--In accordance with the conditions 
and requirements of subsections (a) through (d) of section 119 and 
section 172 and the treaty and the Regulations, an international design 
application designating the United States shall be entitled to the right 
of priority based on a prior foreign application, a prior international 
application as defined in section 351(c) designating at least 1 country 
other than the United States, or a prior international design 
application designating at least 1 country other than the United States.
    ``(c) Prior National Application.--In accordance with the conditions 
and requirements of section 120, an international design application 
designating the United States shall be entitled to the benefit of the 
filing date of a prior national application, a prior international 
application as defined in section 351(c) designating

[[Page 126 STAT. 1530]]

the United States, or a prior international design application 
designating the United States, and a national application shall be 
entitled to the benefit of the filing date of a prior international 
design application designating the United States. If any claim for the 
benefit of an earlier filing date is based on a prior international 
application as defined in section 351(c) which designated but did not 
originate in the United States or a prior international design 
application which designated but did not originate in the United States, 
the Director may require the filing in the Patent and Trademark Office 
of a certified copy of such application together with a translation 
thereof into the English language, if it was filed in another language.
``Sec. 387. <<NOTE: 35 USC 387.>> Relief from prescribed time 
                limits

    ``An applicant's failure to act within prescribed time limits in 
connection with requirements pertaining to an international design 
application may be excused as to the United States upon a showing 
satisfactory to the Director of unintentional delay and under such 
conditions, including a requirement for payment of the fee specified in 
section 41(a)(7), as may be prescribed by the Director.
``Sec. 388. <<NOTE: 35 USC 388.>> Withdrawn or abandoned 
                international design application

    ``Subject to sections 384 and 387, if an international design 
application designating the United States is withdrawn, renounced or 
canceled or considered withdrawn or abandoned, either generally or as to 
the United States, under the conditions of the treaty and the 
Regulations, the designation of the United States shall have no effect 
after the date of withdrawal, renunciation, cancellation, or abandonment 
and shall be considered as not having been made, unless a claim for 
benefit of a prior filing date under section 386(c) was made in a 
national application, or an international design application designating 
the United States, or a claim for benefit under section 365(c) was made 
in an international application designating the United States, filed 
before the date of such withdrawal, renunciation, cancellation, or 
abandonment. However, such withdrawn, renounced, canceled, or abandoned 
international design application may serve as the basis for a claim of 
priority under subsections (a) and (b) of section 386, or under 
subsection (a) or (b) of section 365, if it designated a country other 
than the United States.
``Sec. 389. <<NOTE: 35 USC 389.>> Examination of international 
                design application

    ``(a) In General.--The Director shall cause an examination to be 
made pursuant to this title of an international design application 
designating the United States.
    ``(b) Applicability of Chapter 16.--All questions of substance and, 
unless otherwise required by the treaty and Regulations, procedures 
regarding an international design application designating the United 
States shall be determined as in the case of applications filed under 
chapter 16.
    ``(c) Fees.--The Director may prescribe fees for filing 
international design applications, for designating the United States, 
and for any other processing, services, or materials relating to

[[Page 126 STAT. 1531]]

international design applications, and may provide for later payment of 
such fees, including surcharges for later submission of fees.
    ``(d) Issuance of Patent.--The Director may issue a patent based on 
an international design application designating the United States, in 
accordance with the provisions of this title. Such patent shall have the 
force and effect of a patent issued on an application filed under 
chapter 16.
``Sec. 390. <<NOTE: 35 USC 390.>> Publication of international 
                design application

    ``The publication under the treaty of an international design 
application designating the United States shall be deemed a publication 
under section 122(b).''.
    (b) Conforming Amendment.--The table of parts at the beginning of 
title 35, United States Code, is amended by adding at the end the 
following:

``V. The Hague Agreement concerning international registration of 
industrial designs................................................401''.
SEC. 102. CONFORMING AMENDMENTS.

    Title 35, United States Code, is amended--
            (1) in section 100(i)(1)(B) (as amended by the Leahy-Smith 
        America Invents Act (Public Law 112-29; 125 Stat. 284)), by 
        striking ``right of priority under section 119, 365(a), or 
        365(b) or to the benefit of an earlier filing date under section 
        120, 121, or 365(c)'' and inserting ``right of priority under 
        section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit 
        of an earlier filing date under section 120, 121, 365(c), or 
        386(c)'';
            (2) in section 102(d)(2) (as amended by the Leahy-Smith 
        America Invents Act (Public Law 112-29; 125 Stat. 284)), by 
        striking ``to claim a right of priority under section 119, 
        365(a), or 365(b), or to claim the benefit of an earlier filing 
        date under section 120, 121, or 365(c)'' and inserting ``to 
        claim a right of priority under section 119, 365(a), 365(b), 
        386(a), or 386(b), or to claim the benefit of an earlier filing 
        date under section 120, 121, 365(c), or 386(c)'';
            (3) in section 111(b)(7)--
                    (A) by striking ``section 119 or 365(a)'' and 
                inserting ``section 119, 365(a), or 386(a)''; and
                    (B) by striking ``section 120, 121, or 365(c)'' and 
                inserting ``section 120, 121, 365(c), or 386(c)'';
            (4) in section 115(g)(1) (as amended by the Leahy-Smith 
        America Invents Act (Public Law 112-29; 125 Stat. 284)), by 
        striking ``section 120, 121, or 365(c)'' and inserting ``section 
        120, 121, 365(c), or 386(c)'';
            (5) in section 120, in the first sentence, by striking 
        ``section 363'' and inserting ``section 363 or 385'';
            (6) in section 154--
                    (A) in subsection (a)--
                          (i) in paragraph (2), by striking ``section 
                      120, 121, or 365(c)'' and inserting ``section 120, 
                      121, 365(c), or 386(c)''; and
                          (ii) in paragraph (3), by striking ``section 
                      119, 365(a), or 365(b)'' and inserting ``section 
                      119, 365(a), 365(b), 386(a), or 386(b)''; and
                    (B) in subsection (d)(1), by inserting ``or an 
                international design application filed under the treaty 
                defined

[[Page 126 STAT. 1532]]

                in section 381(a)(1) designating the United States under 
                Article 5 of such treaty'' after ``Article 21(2)(a) of 
                such treaty'';
            (7) in section 173, by striking ``fourteen years'' and 
        inserting ``15 years'';
            (8) in section 365(c)--
                    (A) in the first sentence, by striking ``or a prior 
                international application designating the United 
                States'' and inserting ``, a prior international 
                application designating the United States, or a prior 
                international design application as defined in section 
                381(a)(6) designating the United States''; and
                    (B) in the second sentence, by inserting ``or a 
                prior international design application as defined in 
                section 381(a)(6) which designated but did not originate 
                in the United States'' after ``did not originate in the 
                United States''; and
            (9) in section 366--
                    (A) in the first sentence, by striking ``unless a 
                claim'' and all that follows through ``withdrawal.'' and 
                inserting ``unless a claim for benefit of a prior filing 
                date under section 365(c) of this section was made in a 
                national application, or an international application 
                designating the United States, or a claim for benefit 
                under section 386(c) was made in an international design 
                application designating the United States, filed before 
                the date of such withdrawal.''; and
                    (B) by striking the second sentence and inserting 
                the following: ``However, such withdrawn international 
                application may serve as the basis for a claim of 
                priority under section 365 (a) and (b), or under section 
                386 (a) or (b), if it designated a country other than 
                the United States.''.
SEC. 103. <<NOTE: 35 USC 100 note.>> EFFECTIVE DATE.

    (a) In General.--The amendments made by this title shall take effect 
on the later of--
            (1) the date that is 1 year after the date of the enactment 
        of this Act; or
            (2) the date of entry into force of the treaty with respect 
        to the United States.

    (b) Applicability of Amendments.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this title shall apply only to international design 
        applications, international applications, and national 
        applications filed on and after the effective date set forth in 
        subsection (a), and patents issuing thereon.
            (2) Exception.--Sections 100(i) and 102(d) of title 35, 
        United States Code, as amended by this title, shall not apply to 
        an application, or any patent issuing thereon, unless it is 
        described in section 3(n)(1) of the Leahy-Smith America Invents 
        Act (35 U.S.C. 100 note).

    (c) Definitions.--For purposes of this section--
            (1) the terms ``treaty'' and ``international design 
        application'' have the meanings given those terms in section 381 
        of title 35, United States Code, as added by this title;

[[Page 126 STAT. 1533]]

            (2) the term ``international application'' has the meaning 
        given that term in section 351(c) of title 35, United States 
        Code; and
            (3) the term ``national application'' means ``national 
        application'' within the meaning of chapter 38 of title 35, 
        United States Code, as added by this title.

               TITLE II--PATENT LAW TREATY IMPLEMENTATION

SEC. 201. PROVISIONS TO IMPLEMENT THE PATENT LAW TREATY.

    (a) Application Filing Date.--Section 111 of title 35, United States 
Code, is amended--
            (1) in subsection (a), by striking paragraphs (3) and (4) 
        and inserting the following:
            ``(3) Fee, oath or declaration, and claims.--The application 
        shall be accompanied by the fee required by law. The fee, oath 
        or declaration, and 1 or more claims may be submitted after the 
        filing date of the application, within such period and under 
        such conditions, including the payment of a surcharge, as may be 
        prescribed by the Director. Upon failure to submit the fee, oath 
        or declaration, and 1 or more claims within such prescribed 
        period, the application shall be regarded as abandoned.
            ``(4) Filing date.--The filing date of an application shall 
        be the date on which a specification, with or without claims, is 
        received in the United States Patent and Trademark Office.'';
            (2) in subsection (b), by striking paragraphs (3) and (4) 
        and inserting the following:
            ``(3) Fee.--The application shall be accompanied by the fee 
        required by law. The fee may be submitted after the filing date 
        of the application, within such period and under such 
        conditions, including the payment of a surcharge, as may be 
        prescribed by the Director. Upon failure to submit the fee 
        within such prescribed period, the application shall be regarded 
        as abandoned.
            ``(4) Filing date.--The filing date of a provisional 
        application shall be the date on which a specification, with or 
        without claims, is received in the United States Patent and 
        Trademark Office.''; and
            (3) by adding at the end the following:

    ``(c) Prior Filed Application.--Notwithstanding the provisions of 
subsection (a), the Director may prescribe the conditions, including the 
payment of a surcharge, under which a reference made upon the filing of 
an application under subsection (a) to a previously filed application, 
specifying the previously filed application by application number and 
the intellectual property authority or country in which the application 
was filed, shall constitute the specification and any drawings of the 
subsequent application for purposes of a filing date. 
A <<NOTE: Records.>> copy of the specification and any drawings of the 
previously filed application shall be submitted within such period and 
under such conditions as may be prescribed by the Director. A failure to 
submit the copy of the specification and any drawings of the previously 
filed application within the prescribed period shall result in the 
application being regarded

[[Page 126 STAT. 1534]]

as abandoned. Such application shall be treated as having never been 
filed, unless--
            ``(1) the application is revived under section 27; and
            ``(2) a copy of the specification and any drawings of the 
        previously filed application are submitted to the Director.''.

    (b) Relief in Respect of Time Limits and Reinstatement of Rights.--
            (1) In general.--Chapter 2 of title 35, United States Code, 
        is amended by adding at the end the following:
``Sec. 27. <<NOTE: 35 USC 27.>> Revival of applications; 
              reinstatement of reexamination proceedings

    ``The Director may establish procedures, including the requirement 
for payment of the fee specified in section 41(a)(7), to revive an 
unintentionally abandoned application for patent, accept an 
unintentionally delayed payment of the fee for issuing each patent, or 
accept an unintentionally delayed response by the patent owner in a 
reexamination proceeding, upon petition by the applicant for patent or 
patent owner.''.
            (2) Conforming amendment.--The table of sections for chapter 
        2 of title 35, United States Code, is amended by adding at the 
        end the following:

``27. Revival of applications; reinstatement of reexamination 
           proceedings.''.

    (c) Restoration of Priority Right.--Title 35, United States Code, is 
amended--
            (1) in section 119--
                    (A) in subsection (a)--
                          (i) by striking ``twelve'' and inserting 
                      ``12''; and
                          (ii) by adding at the end the following: ``The 
                      Director may prescribe regulations, including the 
                      requirement for payment of the fee specified in 
                      section 41(a)(7), pursuant to which the 12-month 
                      period set forth in this subsection may be 
                      extended by an additional 2 months if the delay in 
                      filing the application in this country within the 
                      12-month period was unintentional.''; and
                    (B) in subsection (e)--
                          (i) in paragraph (1)--
                                    (I) by inserting after the first 
                                sentence the following: ``The Director 
                                may prescribe regulations, including the 
                                requirement for payment of the fee 
                                specified in section 41(a)(7), pursuant 
                                to which the 12-month period set forth 
                                in this subsection may be extended by an 
                                additional 2 months if the delay in 
                                filing the application under section 
                                111(a) or section 363 within the 12-
                                month period was unintentional.''; and
                                    (II) in the last sentence--
                                            (aa) by striking ``including 
                                        the payment of a surcharge'' and 
                                        inserting ``including the 
                                        payment of the fee specified in 
                                        section 41(a)(7)''; and
                                            (bb) by striking ``during 
                                        the pendency of the 
                                        application''; and
                          (ii) in paragraph (3), by adding at the end 
                      the following: ``For an application for patent 
                      filed under

[[Page 126 STAT. 1535]]

                      section 363 in a Receiving Office other than the 
                      Patent and Trademark Office, the 12-month and 
                      additional 2-month period set forth in this 
                      subsection shall be extended as provided under the 
                      treaty and Regulations as defined in section 
                      351.''; and
            (2) in section 365(b), by adding at the end the following: 
        ``The Director may establish procedures, including the 
        requirement for payment of the fee specified in section 
        41(a)(7), to accept an unintentionally delayed claim for 
        priority under the treaty and the Regulations, and to accept a 
        priority claim that pertains to an application that was not 
        filed within the priority period specified in the treaty and 
        Regulations, but was filed within the additional 2-month period 
        specified under section 119(a) or the treaty and Regulations.''.

    (d) Recordation of Ownership Interests.--Section 261 of title 35, 
United States Code, is amended--
            (1) in the first undesignated paragraph by adding at the end 
        the following: ``The Patent and Trademark Office shall maintain 
        a register of interests in patents and applications for patents 
        and shall record any document related thereto upon request, and 
        may require a fee therefor.''; and
            (2) in the fourth undesignated paragraph by striking ``An 
        assignment'' and inserting ``An interest that constitutes an 
        assignment''.
SEC. 202. CONFORMING AMENDMENTS.

    (a) In General.--Section 171 of title 35, United States Code, is 
amended--
            (1) by striking ``Whoever'' and inserting ``(a) In 
        General.--Whoever'';
            (2) by striking ``The provisions'' and inserting ``(b) 
        Applicability of This Title.--The provisions''; and
            (3) by adding at the end the following:

    ``(c) Filing Date.--The filing date of an application for patent for 
design shall be the date on which the specification as prescribed by 
section 112 and any required drawings are filed.''.
    (b) Relief in Respect of Time Limits and Reinstatement of Right.--
Title 35, United States Code, is amended--
            (1) in section 41--
                    (A) in subsection (a), by striking paragraph (7) and 
                inserting the following:
            ``(7) Revival fees.--On filing each petition for the revival 
        of an abandoned application for a patent, for the delayed 
        payment of the fee for issuing each patent, for the delayed 
        response by the patent owner in any reexamination proceeding, 
        for the delayed payment of the fee for maintaining a patent in 
        force, for the delayed submission of a priority or benefit 
        claim, or for the extension of the 12-month period for filing a 
        subsequent application, $1,700.00. The Director may refund any 
        part of the fee specified in this paragraph, in exceptional 
        circumstances as determined by the Director''; and
                    (B) in subsection (c), by striking paragraph (1) and 
                inserting the following:
            ``(1) Acceptance.--The Director may accept the payment of 
        any maintenance fee required by subsection (b) after the 6-month 
        grace period if the delay is shown to the satisfaction of the 
        Director to have been unintentional. The Director may

[[Page 126 STAT. 1536]]

        require the payment of the fee specified in subsection (a)(7) as 
        a condition of accepting payment of any maintenance fee after 
        the 6-month grace period. If the Director accepts payment of a 
        maintenance fee after the 6-month grace period, the patent shall 
        be considered as not having expired at the end of the grace 
        period.'';
            (2) in section 119(b)(2), in the second sentence, by 
        striking ``including the payment of a surcharge'' and inserting 
        ``including the requirement for payment of the fee specified in 
        section 41(a)(7)'';
            (3) in section 120, in the fourth sentence, by striking 
        ``including the payment of a surcharge'' and inserting 
        ``including the requirement for payment of the fee specified in 
        section 41(a)(7)'';
            (4) in section 122(b)(2)(B)(iii), in the second sentence, by 
        striking ``, unless it is shown'' and all that follows through 
        ``unintentional'';
            (5) in section 133, by striking ``, unless it be shown'' and 
        all that follows through ``unavoidable'';
            (6) by striking section 151 and inserting the following:
``Sec. 151. <<NOTE: 35 USC 151.>> Issue of patent

    ``(a) In <<NOTE: Notice. Fees. Deadline.>> General.--If it appears 
that an applicant is entitled to a patent under the law, a written 
notice of allowance of the application shall be given or mailed to the 
applicant. The notice shall specify a sum, constituting the issue fee 
and any required publication fee, which shall be paid within 3 months 
thereafter.

    ``(b) Effect of Payment.--Upon payment of this sum the patent may 
issue, but if payment is not timely made, the application shall be 
regarded as abandoned.'';
            (7) in section 361, by striking subsection (c) and inserting 
        the following:

    ``(c) International applications filed in the Patent and Trademark 
Office shall be filed in the English language, or an English translation 
shall be filed within such later time as may be fixed by the 
Director.'';
            (8) in section 364, by striking subsection (b) and inserting 
        the following:

    ``(b) An applicant's failure to act within prescribed time limits in 
connection with requirements pertaining to an international application 
may be excused as provided in the treaty and the Regulations.''; and
            (9) in section 371(d), in the third sentence, by striking 
        ``, unless it be shown to the satisfaction of the Director that 
        such failure to comply was unavoidable''.
SEC. 203. <<NOTE: 35 USC 27 note.>> EFFECTIVE DATE.

    (a) In General.--The amendments made by this title--
            (1) shall take effect on the date that is 1 year after the 
        date of the enactment of this Act; and
            (2) <<NOTE: Applicability.>> shall apply to--
                    (A) any patent issued before, on, or after the 
                effective date set forth in paragraph (1); and
                    (B) any application for patent that is pending on or 
                filed after the effective date set forth in paragraph 
                (1).

    (b) Exceptions.--

[[Page 126 STAT. 1537]]

            (1) Section 201(a).--The <<NOTE: Applicability.>> amendments 
        made by section 201(a) shall apply only to applications that are 
        filed on or after the effective date set forth in subsection 
        (a)(1).
            (2) Patents in litigation.--The amendments made by this 
        title shall have no effect with respect to any patent that is 
        the subject of litigation in an action commenced before the 
        effective date set forth in subsection (a)(1).

    Approved December 18, 2012.

LEGISLATIVE HISTORY--S. 3486:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            Sept. 21, considered and passed Senate.
            Dec. 5, considered and passed House.

                                  <all>
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