S. 3486 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To implement the provisions of the Hague Agreement and the Patent Law Treaty. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 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 Withdrawn or abandoned international design application.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. 

‘‘§ 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; 
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‘‘(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. 

‘‘§ 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 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. 

‘‘§ 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; 
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‘‘(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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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 
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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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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 
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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. 

‘‘§ 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 
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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. 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; 
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(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 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 
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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: 

‘‘§ 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 
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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 
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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: 

‘‘§ 151. Issue of patent 

‘‘(a) IN 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. 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) 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.— 
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(1) SECTION 201(a).—The 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). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.