I 

112TH CONGRESS 

2D SESSION S. 3486 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2012 

Referred to the Committee on the Judiciary 

AN ACT 

To implement the provisions of the Hague Agreement and 

the Patent Law Treaty. 

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

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Patent Law Treaties 

3 Implementation Act of 2012’’. 

4 TITLE I—HAGUE AGREEMENT 

5 CONCERNING INTER6 NATIONAL REGISTRATION OF 

7 INDUSTRIAL DESIGNS 

8 SEC. 101. THE HAGUE AGREEMENT CONCERNING INTER9 NATIONAL REGISTRATION OF INDUSTRIAL 

10 DESIGNS. 

11 (a) IN GENERAL.—Title 35, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘PART V—THE HAGUE AGREEMENT CONCERNING 

14 INTERNATIONAL REGISTRATION OF INDUS15 TRIAL DESIGNS 

‘‘CHAPTER Sec. 

‘‘38. International design applications ...................................................... 381. 

16 ‘‘CHAPTER 38—INTERNATIONAL DESIGN 

17 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 Withdrawn or abandoned international design application.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. 

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1 ‘‘§ 381. Definitions 

2 ‘‘(a) IN GENERAL.—When used in this part, unless 

3 the context otherwise indicates— 

4 ‘‘(1) the term ‘treaty’ means the Geneva Act of 

5 the Hague Agreement Concerning the International 

6 Registration of Industrial Designs adopted at Gene7 va on July 2, 1999; 

8 ‘‘(2) the term ‘regulations’— 

9 ‘‘(A) when capitalized, means the Common 

10 Regulations under the treaty; and 

11 ‘‘(B) when not capitalized, means the regu12 lations established by the Director under this 

13 title; 

14 ‘‘(3) the terms ‘designation’, ‘designating’, and 

15 ‘designate’ refer to a request that an international 

16 registration have effect in a Contracting Party to 

17 the treaty; 

18 ‘‘(4) the term ‘International Bureau’ means the 

19 international intergovernmental organization that is 

20 recognized as the coordinating body under the treaty 

21 and the Regulations; 

22 ‘‘(5) the term ‘effective registration date’ means 

23 the date of international registration determined by 

24 the International Bureau under the treaty; 

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1 ‘‘(6) the term ‘international design application’ 

2 means an application for international registration; 

3 and 

4 ‘‘(7) the term ‘international registration’ means 

5 the international registration of an industrial design 

6 filed under the treaty. 

7 ‘‘(b) RULE OF CONSTRUCTION.—Terms and expres8 sions not defined in this part are to be taken in the sense 

9 indicated by the treaty and the Regulations. 

10 ‘‘§ 382. Filing international design applications 

11 ‘‘(a) IN GENERAL.—Any person who is a national of 

12 the United States, or has a domicile, a habitual residence, 

13 or a real and effective industrial or commercial establish14 ment in the United States, may file an international de15 sign application by submitting to the Patent and Trade16 mark Office an application in such form, together with 

17 such fees, as may be prescribed by the Director. 

18 ‘‘(b) REQUIRED ACTION.—The Patent and Trade19 mark Office shall perform all acts connected with the dis20 charge of its duties under the treaty, including the collec21 tion of international fees and transmittal thereof to the 

22 International Bureau. Subject to chapter 17, international 

23 design applications shall be forwarded by the Patent and 

24 Trademark Office to the International Bureau, upon pay25 ment of a transmittal fee. 

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1 ‘‘(c) APPLICABILITY OF CHAPTER 16.—Except as 

2 otherwise provided in this chapter, the provisions of chap3 ter 16 shall apply. 

4 ‘‘(d) APPLICATION FILED IN ANOTHER COUNTRY.— 

5 An international design application on an industrial design 

6 made in this country shall be considered to constitute the 

7 filing of an application in a foreign country within the 

8 meaning of chapter 17 if the international design applica9 tion is filed— 

10 ‘‘(1) in a country other than the United States; 

11 ‘‘(2) at the International Bureau; or 

12 ‘‘(3) with an intergovernmental organization. 

13 ‘‘§ 383. International design application 

14 ‘‘In addition to any requirements pursuant to chapter 

15 16, the international design application shall contain— 

16 ‘‘(1) a request for international registration 

17 under the treaty; 

18 ‘‘(2) an indication of the designated Con19 tracting Parties; 

20 ‘‘(3) data concerning the applicant as pre21 scribed in the treaty and the Regulations; 

22 ‘‘(4) copies of a reproduction or, at the choice 

23 of the applicant, of several different reproductions of 

24 the industrial design that is the subject of the inter25 national design application, presented in the number 

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1 and manner prescribed in the treaty and the Regula2 tions; 

3 ‘‘(5) an indication of the product or products 

4 that constitute the industrial design or in relation to 

5 which the industrial design is to be used, as pre6 scribed in the treaty and the Regulations; 

7 ‘‘(6) the fees prescribed in the treaty and the 

8 Regulations; and 

9 ‘‘(7) any other particulars prescribed in the 

10 Regulations. 

11 ‘‘§ 384. Filing date 

12 ‘‘(a) IN GENERAL.—Subject to subsection (b), the fil13 ing date of an international design application in the 

14 United States shall be the effective registration date. Not15 withstanding the provisions of this part, any international 

16 design application designating the United States that oth17 erwise meets the requirements of chapter 16 may be treat18 ed as a design application under chapter 16. 

19 ‘‘(b) REVIEW.—An applicant may request review by 

20 the Director of the filing date of the international design 

21 application in the United States. The Director may deter22 mine that the filing date of the international design appli23 cation in the United States is a date other than the effec24 tive registration date. The Director may establish proce25 dures, including the payment of a surcharge, to review the 

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1 filing date under this section. Such review may result in 

2 a determination that the application has a filing date in 

3 the United States other than the effective registration 

4 date. 

5 ‘‘§ 385. Effect of international design application 

6 ‘‘An international design application designating the 

7 United States shall have the effect, for all purposes, from 

8 its filing date determined in accordance with section 384, 

9 of an application for patent filed in the Patent and Trade10 mark Office pursuant to chapter 16. 

11 ‘‘§ 386. Right of priority 

12 ‘‘(a) NATIONAL APPLICATION.—In accordance with 

13 the conditions and requirements of subsections (a) 

14 through (d) of section 119 and section 172, a national 

15 application shall be entitled to the right of priority based 

16 on a prior international design application that designated 

17 at least 1 country other than the United States. 

18 ‘‘(b) PRIOR FOREIGN APPLICATION.—In accordance 

19 with the conditions and requirements of subsections (a) 

20 through (d) of section 119 and section 172 and the treaty 

21 and the Regulations, an international design application 

22 designating the United States shall be entitled to the right 

23 of priority based on a prior foreign application, a prior 

24 international application as defined in section 351(c) des25 ignating at least 1 country other than the United States, 

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1 or a prior international design application designating at 

2 least 1 country other than the United States. 

3 ‘‘(c) PRIOR NATIONAL APPLICATION.—In accordance 

4 with the conditions and requirements of section 120, an 

5 international design application designating the United 

6 States shall be entitled to the benefit of the filing date 

7 of a prior national application, a prior international appli8 cation as defined in section 351(c) designating the United 

9 States, or a prior international design application desig10 nating the United States, and a national application shall 

11 be entitled to the benefit of the filing date of a prior inter12 national design application designating the United States. 

13 If any claim for the benefit of an earlier filing date is 

14 based on a prior international application as defined in 

15 section 351(c) which designated but did not originate in 

16 the United States or a prior international design applica17 tion which designated but did not originate in the United 

18 States, the Director may require the filing in the Patent 

19 and Trademark Office of a certified copy of such applica20 tion together with a translation thereof into the English 

21 language, if it was filed in another language. 

22 ‘‘§ 387. Relief from prescribed time limits 

23 ‘‘An applicant’s failure to act within prescribed time 

24 limits in connection with requirements pertaining to an 

25 international design application may be excused as to the 

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1 United States upon a showing satisfactory to the Director 

2 of unintentional delay and under such conditions, includ3 ing a requirement for payment of the fee specified in sec4 tion 41(a)(7), as may be prescribed by the Director. 

5 ‘‘§ 388. Withdrawn or abandoned international design 

6 application 

7 ‘‘Subject to sections 384 and 387, if an international 

8 design application designating the United States is with9 drawn, renounced or canceled or considered withdrawn or 

10 abandoned, either generally or as to the United States, 

11 under the conditions of the treaty and the Regulations, 

12 the designation of the United States shall have no effect 

13 after the date of withdrawal, renunciation, cancellation, or 

14 abandonment and shall be considered as not having been 

15 made, unless a claim for benefit of a prior filing date 

16 under section 386(c) was made in a national application, 

17 or an international design application designating the 

18 United States, or a claim for benefit under section 365(c) 

19 was made in an international application designating the 

20 United States, filed before the date of such withdrawal, 

21 renunciation, cancellation, or abandonment. However, 

22 such withdrawn, renounced, canceled, or abandoned inter23 national design application may serve as the basis for a 

24 claim of priority under subsections (a) and (b) of section 

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1 386, or under subsection (a) or (b) of section 365, if it 

2 designated a country other than the United States. 

3 ‘‘§ 389. Examination of international design applica4 tion 

5 ‘‘(a) IN GENERAL.—The Director shall cause an ex6 amination to be made pursuant to this title of an inter7 national design application designating the United States. 

8 ‘‘(b) APPLICABILITY OF CHAPTER 16.—All questions 

9 of substance and, unless otherwise required by the treaty 

10 and Regulations, procedures regarding an international 

11 design application designating the United States shall be 

12 determined as in the case of applications filed under chap13 ter 16. 

14 ‘‘(c) FEES.—The Director may prescribe fees for fil15 ing international design applications, for designating the 

16 United States, and for any other processing, services, or 

17 materials relating to international design applications, and 

18 may provide for later payment of such fees, including sur19 charges for later submission of fees. 

20 ‘‘(d) ISSUANCE OF PATENT.—The Director may issue 

21 a patent based on an international design application des22 ignating the United States, in accordance with the provi23 sions of this title. Such patent shall have the force and 

24 effect of a patent issued on an application filed under 

25 chapter 16. 

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1 ‘‘§ 390. Publication of international design applica2 tion 

3 ‘‘The publication under the treaty of an international 

4 design application designating the United States shall be 

5 deemed a publication under section 122(b).’’. 

6 (b) CONFORMING AMENDMENT.—The table of parts 

7 at the beginning of title 35, United States Code, is amend8 ed by adding at the end the following: 

‘‘V. The Hague Agreement concerning international registration of industrial designs ............................................................. 401’’. 

9 SEC. 102. CONFORMING AMENDMENTS. 

10 Title 35, United States Code, is amended— 

11 (1) in section 100(i)(1)(B) (as amended by the 

12 Leahy-Smith America Invents Act (Public Law 112– 

13 29; 125 Stat. 284)), by striking ‘‘right of priority 

14 under section 119, 365(a), or 365(b) or to the ben15 efit of an earlier filing date under section 120, 121, 

16 or 365(c)’’ and inserting ‘‘right of priority under 

17 section 119, 365(a), 365(b), 386(a), or 386(b) or to 

18 the benefit of an earlier filing date under section 

19 120, 121, 365(c), or 386(c)’’; 

20 (2) in section 102(d)(2) (as amended by the 

21 Leahy-Smith America Invents Act (Public Law 112– 

22 29; 125 Stat. 284)), by striking ‘‘to claim a right of 

23 priority under section 119, 365(a), or 365(b), or to 

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1 tion 120, 121, or 365(c)’’ and inserting ‘‘to claim a 

2 right of priority under section 119, 365(a), 365(b), 

3 386(a), or 386(b), or to claim the benefit of an ear4 lier filing date under section 120, 121, 365(c), or 

5 386(c)’’; 

6 (3) in section 111(b)(7)— 

7 (A) by striking ‘‘section 119 or 365(a)’’ 

8 and inserting ‘‘section 119, 365(a), or 386(a)’’; 

9 and 

10 (B) by striking ‘‘section 120, 121, or 

11 365(c)’’ and inserting ‘‘section 120, 121, 

12 365(c), or 386(c)’’; 

13 (4) in section 115(g)(1) (as amended by the 

14 Leahy-Smith America Invents Act (Public Law 112– 

15 29; 125 Stat. 284)), by striking ‘‘section 120, 121, 

16 or 365(c)’’ and inserting ‘‘section 120, 121, 365(c), 

17 or 386(c)’’; 

18 (5) in section 120, in the first sentence, by 

19 striking ‘‘section 363’’ and inserting ‘‘section 363 or 

20 385’’; 

21 (6) in section 154— 

22 (A) in subsection (a)— 

23 (i) in paragraph (2), by striking ‘‘sec24 tion 120, 121, or 365(c)’’ and inserting 

25 ‘‘section 120, 121, 365(c), or 386(c)’’; and 

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1 (ii) in paragraph (3), by striking ‘‘sec2 tion 119, 365(a), or 365(b)’’ and inserting 

3 ‘‘section 119, 365(a), 365(b), 386(a), or 

4 386(b)’’; and 

5 (B) in subsection (d)(1), by inserting ‘‘or 

6 an international design application filed under 

7 the treaty defined in section 381(a)(1) desig8 nating the United States under Article 5 of 

9 such treaty’’ after ‘‘Article 21(2)(a) of such 

10 treaty’’; 

11 (7) in section 173, by striking ‘‘fourteen years’’ 

12 and inserting ‘‘15 years’’; 

13 (8) in section 365(c)— 

14 (A) in the first sentence, by striking ‘‘or a 

15 prior international application designating the 

16 United States’’ and inserting ‘‘, a prior inter17 national application designating the United 

18 States, or a prior international design applica19 tion as defined in section 381(a)(6) designating 

20 the United States’’; and 

21 (B) in the second sentence, by inserting 

22 ‘‘or a prior international design application as 

23 defined in section 381(a)(6) which designated 

24 but did not originate in the United States’’ 

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1 after ‘‘did not originate in the United States’’; 

2 and 

3 (9) in section 366— 

4 (A) in the first sentence, by striking ‘‘un5 less a claim’’ and all that follows through 

6 ‘‘withdrawal.’’ and inserting ‘‘unless a claim for 

7 benefit of a prior filing date under section 

8 365(c) of this section was made in a national 

9 application, or an international application des10 ignating the United States, or a claim for ben11 efit under section 386(c) was made in an inter12 national design application designating the 

13 United States, filed before the date of such 

14 withdrawal.’’; and 

15 (B) by striking the second sentence and in16 serting the following: ‘‘However, such with17 drawn international application may serve as 

18 the basis for a claim of priority under section 

19 365 (a) and (b), or under section 386 (a) or 

20 (b), if it designated a country other than the 

21 United States.’’. 

22 SEC. 103. EFFECTIVE DATE. 

23 (a) IN GENERAL.—The amendments made by this 

24 title shall take effect on the later of— 

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1 (1) the date that is 1 year after the date of the 

2 enactment of this Act; or 

3 (2) the date of entry into force of the treaty 

4 with respect to the United States. 

5 (b) APPLICABILITY OF AMENDMENTS.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 the amendments made by this title shall apply only 

8 to international design applications, international 

9 applications, and national applications filed on and 

10 after the effective date set forth in subsection (a), 

11 and patents issuing thereon. 

12 (2) EXCEPTION.—Sections 100(i) and 102(d) of 

13 title 35, United States Code, as amended by this 

14 title, shall not apply to an application, or any patent 

15 issuing thereon, unless it is described in section 

16 3(n)(1) of the Leahy-Smith America Invents Act (35 

17 U.S.C. 100 note). 

18 (c) DEFINITIONS.—For purposes of this section— 

19 (1) the terms ‘‘treaty’’ and ‘‘international de20 sign application’’ have the meanings given those 

21 terms in section 381 of title 35, United States Code, 

22 as added by this title; 

23 (2) the term ‘‘international application’’ has the 

24 meaning given that term in section 351(c) of title 

25 35, United States Code; and 

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1 (3) the term ‘‘national application’’ means ‘‘na2 tional application’’ within the meaning of chapter 38 

3 of title 35, United States Code, as added by this 

4 title. 

5 TITLE II—PATENT LAW TREATY 

6 IMPLEMENTATION 

7 SEC. 201. PROVISIONS TO IMPLEMENT THE PATENT LAW 

8 TREATY. 

9 (a) APPLICATION FILING DATE.—Section 111 of title 

10 35, United States Code, is amended— 

11 (1) in subsection (a), by striking paragraphs 

12 (3) and (4) and inserting the following: 

13 ‘‘(3) FEE, OATH OR DECLARATION, AND

14 CLAIMS.—The application shall be accompanied by 

15 the fee required by law. The fee, oath or declaration, 

16 and 1 or more claims may be submitted after the fil17 ing date of the application, within such period and 

18 under such conditions, including the payment of a 

19 surcharge, as may be prescribed by the Director. 

20 Upon failure to submit the fee, oath or declaration, 

21 and 1 or more claims within such prescribed period, 

22 the application shall be regarded as abandoned. 

23 ‘‘(4) FILING DATE.—The filing date of an ap24 plication shall be the date on which a specification, 

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1 with or without claims, is received in the United 

2 States Patent and Trademark Office.’’; 

3 (2) in subsection (b), by striking paragraphs 

4 (3) and (4) and inserting the following: 

5 ‘‘(3) FEE.—The application shall be accom6 panied by the fee required by law. The fee may be 

7 submitted after the filing date of the application, 

8 within such period and under such conditions, in9 cluding the payment of a surcharge, as may be pre10 scribed by the Director. Upon failure to submit the 

11 fee within such prescribed period, the application 

12 shall be regarded as abandoned. 

13 ‘‘(4) FILING DATE.—The filing date of a provi14 sional application shall be the date on which a speci15 fication, with or without claims, is received in the 

16 United States Patent and Trademark Office.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(c) PRIOR FILED APPLICATION.—Notwithstanding 

19 the provisions of subsection (a), the Director may pre20 scribe the conditions, including the payment of a sur21 charge, under which a reference made upon the filing of 

22 an application under subsection (a) to a previously filed 

23 application, specifying the previously filed application by 

24 application number and the intellectual property authority 

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1 stitute the specification and any drawings of the subse2 quent application for purposes of a filing date. A copy of 

3 the specification and any drawings of the previously filed 

4 application shall be submitted within such period and 

5 under such conditions as may be prescribed by the Direc6 tor. A failure to submit the copy of the specification and 

7 any drawings of the previously filed application within the 

8 prescribed period shall result in the application being re9 garded as abandoned. Such application shall be treated as 

10 having never been filed, unless— 

11 ‘‘(1) the application is revived under section 27; 

12 and 

13 ‘‘(2) a copy of the specification and any draw14 ings of the previously filed application are submitted 

15 to the Director.’’. 

16 (b) RELIEF IN RESPECT OF TIME LIMITS AND REIN17 STATEMENT OF RIGHTS.— 

18 (1) IN GENERAL.—Chapter 2 of title 35, United 

19 States Code, is amended by adding at the end the 

20 following: 

21 ‘‘§ 27. Revival of applications; reinstatement of reex22 amination proceedings 

23 ‘‘The Director may establish procedures, including 

24 the requirement for payment of the fee specified in section 

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1 tion for patent, accept an unintentionally delayed payment 

2 of the fee for issuing each patent, or accept an uninten3 tionally delayed response by the patent owner in a reexam4 ination proceeding, upon petition by the applicant for pat5 ent or patent owner.’’. 

6 (2) CONFORMING AMENDMENT.—The table of 

7 sections for chapter 2 of title 35, United States 

8 Code, is amended by adding at the end the fol9 lowing: 

‘‘27. Revival of applications; reinstatement of reexamination proceedings.’’. 

10 (c) RESTORATION OF PRIORITY RIGHT.—Title 35, 

11 United States Code, is amended— 

12 (1) in section 119— 

13 (A) in subsection (a)— 

14 (i) by striking ‘‘twelve’’ and inserting 

15 ‘‘12’’; and 

16 (ii) by adding at the end the fol17 lowing: ‘‘The Director may prescribe regu18 lations, including the requirement for pay19 ment of the fee specified in section 

20 41(a)(7), pursuant to which the 12-month 

21 period set forth in this subsection may be 

22 extended by an additional 2 months if the 

23 delay in filing the application in this coun24 try within the 12-month period was unin25 tentional.’’; and 

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1 (B) in subsection (e)— 

2 (i) in paragraph (1)— 

3 (I) by inserting after the first 

4 sentence the following: ‘‘The Director 

5 may prescribe regulations, including 

6 the requirement for payment of the 

7 fee specified in section 41(a)(7), pur8 suant to which the 12-month period 

9 set forth in this subsection may be ex10 tended by an additional 2 months if 

11 the delay in filing the application 

12 under section 111(a) or section 363 

13 within the 12-month period was unin14 tentional.’’; and 

15 (II) in the last sentence— 

16 (aa) by striking ‘‘including 

17 the payment of a surcharge’’ and 

18 inserting ‘‘including the payment 

19 of the fee specified in section 

20 41(a)(7)’’; and 

21 (bb) by striking ‘‘during the 

22 pendency of the application’’; and 

23 (ii) in paragraph (3), by adding at the 

24 end the following: ‘‘For an application for 

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1 ing Office other than the Patent and 

2 Trademark Office, the 12-month and addi3 tional 2-month period set forth in this sub4 section shall be extended as provided under 

5 the treaty and Regulations as defined in 

6 section 351.’’; and 

7 (2) in section 365(b), by adding at the end the 

8 following: ‘‘The Director may establish procedures, 

9 including the requirement for payment of the fee 

10 specified in section 41(a)(7), to accept an uninten11 tionally delayed claim for priority under the treaty 

12 and the Regulations, and to accept a priority claim 

13 that pertains to an application that was not filed 

14 within the priority period specified in the treaty and 

15 Regulations, but was filed within the additional 2- 

16 month period specified under section 119(a) or the 

17 treaty and Regulations.’’. 

18 (d) RECORDATION OF OWNERSHIP INTERESTS.— 

19 Section 261 of title 35, United States Code, is amended— 

20 (1) in the first undesignated paragraph by add21 ing at the end the following: ‘‘The Patent and 

22 Trademark Office shall maintain a register of inter23 ests in patents and applications for patents and shall 

24 record any document related thereto upon request, 

25 and may require a fee therefor.’’; and 

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1 (2) in the fourth undesignated paragraph by 

2 striking ‘‘An assignment’’ and inserting ‘‘An interest 

3 that constitutes an assignment’’. 

4 SEC. 202. CONFORMING AMENDMENTS. 

5 (a) IN GENERAL.—Section 171 of title 35, United 

6 States Code, is amended— 

7 (1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 

8 IN GENERAL.—Whoever’’; 

9 (2) by striking ‘‘The provisions’’ and inserting 

10 ‘‘(b) APPLICABILITY OF THIS TITLE.—The provi11 sions’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(c) FILING DATE.—The filing date of an application 

14 for patent for design shall be the date on which the speci15 fication as prescribed by section 112 and any required 

16 drawings are filed.’’. 

17 (b) RELIEF IN RESPECT OF TIME LIMITS AND REIN18 STATEMENT OF RIGHT.—Title 35, United States Code, is 

19 amended— 

20 (1) in section 41— 

21 (A) in subsection (a), by striking para22 graph (7) and inserting the following: 

23 ‘‘(7) REVIVAL FEES.—On filing each petition 

24 for the revival of an abandoned application for a 

25 patent, for the delayed payment of the fee for 

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1 issuing each patent, for the delayed response by the 

2 patent owner in any reexamination proceeding, for 

3 the delayed payment of the fee for maintaining a 

4 patent in force, for the delayed submission of a pri5 ority or benefit claim, or for the extension of the 12- 

6 month period for filing a subsequent application, 

7 $1,700.00. The Director may refund any part of the 

8 fee specified in this paragraph, in exceptional cir9 cumstances as determined by the Director’’; and 

10 (B) in subsection (c), by striking para11 graph (1) and inserting the following: 

12 ‘‘(1) ACCEPTANCE.—The Director may accept 

13 the payment of any maintenance fee required by 

14 subsection (b) after the 6-month grace period if the 

15 delay is shown to the satisfaction of the Director to 

16 have been unintentional. The Director may require 

17 the payment of the fee specified in subsection (a)(7) 

18 as a condition of accepting payment of any mainte19 nance fee after the 6-month grace period. If the Di20 rector accepts payment of a maintenance fee after 

21 the 6-month grace period, the patent shall be consid22 ered as not having expired at the end of the grace 

23 period.’’; 

24 (2) in section 119(b)(2), in the second sentence, 

25 by striking ‘‘including the payment of a surcharge’’ 

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1 and inserting ‘‘including the requirement for pay2 ment of the fee specified in section 41(a)(7)’’; 

3 (3) in section 120, in the fourth sentence, by 

4 striking ‘‘including the payment of a surcharge’’ and 

5 inserting ‘‘including the requirement for payment of 

6 the fee specified in section 41(a)(7)’’; 

7 (4) in section 122(b)(2)(B)(iii), in the second 

8 sentence, by striking ‘‘, unless it is shown’’ and all 

9 that follows through ‘‘unintentional’’; 

10 (5) in section 133, by striking ‘‘, unless it be 

11 shown’’ and all that follows through ‘‘unavoidable’’; 

12 (6) by striking section 151 and inserting the 

13 following: 

14 ‘‘§ 151. Issue of patent 

15 ‘‘(a) IN GENERAL.—If it appears that an applicant 

16 is entitled to a patent under the law, a written notice of 

17 allowance of the application shall be given or mailed to 

18 the applicant. The notice shall specify a sum, constituting 

19 the issue fee and any required publication fee, which shall 

20 be paid within 3 months thereafter. 

21 ‘‘(b) EFFECT OF PAYMENT.—Upon payment of this 

22 sum the patent may issue, but if payment is not timely 

23 made, the application shall be regarded as abandoned.’’; 

24 (7) in section 361, by striking subsection (c) 

25 and inserting the following: 

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1 ‘‘(c) International applications filed in the Patent and 

2 Trademark Office shall be filed in the English language, 

3 or an English translation shall be filed within such later 

4 time as may be fixed by the Director.’’; 

5 (8) in section 364, by striking subsection (b) 

6 and inserting the following: 

7 ‘‘(b) An applicant’s failure to act within prescribed 

8 time limits in connection with requirements pertaining to 

9 an international application may be excused as provided 

10 in the treaty and the Regulations.’’; and 

11 (9) in section 371(d), in the third sentence, by 

12 striking ‘‘, unless it be shown to the satisfaction of 

13 the Director that such failure to comply was un14 avoidable’’. 

15 SEC. 203. EFFECTIVE DATE. 

16 (a) IN GENERAL.—The amendments made by this 

17 title— 

18 (1) shall take effect on the date that is 1 year 

19 after the date of the enactment of this Act; and 

20 (2) shall apply to— 

21 (A) any patent issued before, on, or after 

22 the effective date set forth in paragraph (1); 

23 and 

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1 (B) any application for patent that is 

2 pending on or filed after the effective date set 

3 forth in paragraph (1). 

4 (b) EXCEPTIONS.— 

5 (1) SECTION 201(a).—The amendments made 

6 by section 201(a) shall apply only to applications 

7 that are filed on or after the effective date set forth 

8 in subsection (a)(1). 

9 (2) PATENTS IN LITIGATION.—The amend10 ments made by this title shall have no effect with re11 spect to any patent that is the subject of litigation 

12 in an action commenced before the effective date set 

13 forth in subsection (a)(1). 

Passed the Senate September 22 (legislative day, 

September 21), 2012. 

Attest: NANCY ERICKSON, 

Secretary. 

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