I 
110TH CONGRESS 
1ST SESSION H. R. 1778 
To amend title 35, United States Code, to allow the Director of the United 
States Patent and Trademark Office to accept late filings in certain 
cases of unintentional delay. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2007 
Mr. DELAHUNT (for himself, Mr. DUNCAN, and Mr. MEEHAN) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 35, United States Code, to allow the Director 
of the United States Patent and Trademark Office to 
accept late filings in certain cases of unintentional delay. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT 
LATE FILINGS. 
(a) AUTHORITY.—Section 2 of title 35, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(e) DISCRETION TO ACCEPT LATE FILINGS IN CER-
TAIN CASES OF UNINTENTIONAL DELAY.— 
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‘‘(1) IN GENERAL.—The Director may accept 
any application or other filing made by— 
‘‘(A) an applicant for, or owner of, a pat-
ent after the applicable deadline set forth in 
this title with respect to the application or pat-
ent, or 
‘‘(B) an applicant for, or owner of, a mark 
after the applicable deadline under the Trade-
mark Act of 1946 with respect to the registra-
tion or other filing of the mark, 
to the extent that the Director considers appro-
priate, if the applicant or owner files a petition with-
in 30 days after such deadline showing, to the satis-
faction of the Director, that the delay was uninten-
tional. 
‘‘(2) TREATMENT OF DIRECTOR’S ACTIONS ON 
PETITION.—If the Director has not made a deter-
mination on a petition filed under paragraph (1) 
within 60 days after the date on which the petition 
is filed, the petition shall be deemed to be denied. A 
decision by the Director not to exercise, or a failure 
to exercise, the discretion provided by this subsection 
shall not be subject to judicial review. 
‘‘(3) OTHER
PROVISIONS
NOT
AFFECTED.— 
This subsection shall not apply to any other provi-
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sion of this title, or to any provision of the Trade-
mark Act of 1946, that authorizes the Director to 
accept, under certain circumstances, applications or 
other filings made after a statutory deadline or to 
statutory deadlines that are required by reason of 
the obligations of the United States under any trea-
ty. 
‘‘(4) DEFINITION.—For purposes of this sub-
section, the ‘Trademark Act of 1946’ refers to the 
Act entitled ‘An Act to provide for the registration 
and protection of trademarks used in commerce, to 
carry out the provisions of certain international con-
ventions, and for other purposes.’, approved July 5, 
1946 (15 U.S.C. 1051 et seq.).’’. 
(b) APPLICABILITY.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply to any application or other 
filing— 
(A) that is made on or after the date of 
the enactment of this Act; or 
(B) that, on such date of enactment, is 
pending before the Director or is subject to ju-
dicial review. 
(2) TREATMENT
OF
PENDING
APPLICATIONS 
AND FILINGS.—In the case of any application or fil-
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ing described in paragraph (1)(B), the 30-day period 
prescribed in section 2(e)(1) of title 35, United 
States Code, as added by subsection (a) of this sec-
tion, shall be deemed to be the 30-day period begin-
ning on the date of the enactment of this Act. 
Æ 
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