‘‘(7) the term ‘international registration’ means 
the international registration of an industrial design 
filed under the treaty. 
‘‘(b) RULE OF CONSTRUCTION.—Terms and expres-
sions 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 establish-
ment in the United States, may file an international de-
sign application by submitting to the Patent and Trade-
mark Office an application in such form, together with 
such fees, as may be prescribed by the Director. 
‘‘(b) REQUIRED ACTION.—The Patent and Trade-
mark Office shall perform all acts connected with the dis-
charge of its duties under the treaty, including the collec-
tion 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 pay-
ment of a transmittal fee. 
‘‘(c) APPLICABILITY OF CHAPTER 16.—Except as 
otherwise provided in this chapter, the provisions of chap-
ter 16 shall apply. 
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‘‘(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 applica-
tion 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 Con-
tracting Parties; 
‘‘(3) data concerning the applicant as pre-
scribed in the treaty and the Regulations; 
‘‘(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 inter-
national design application, presented in the number 
and manner prescribed in the treaty and the Regula-
tions; 
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‘‘(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 pre-
scribed 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 fil-
ing date of an international design application in the 
United States shall be the effective registration date. Not-
withstanding the provisions of this part, any international 
design application designating the United States that oth-
erwise meets the requirements of chapter 16 may be treat-
ed 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 deter-
mine that the filing date of the international design appli-
cation in the United States is a date other than the effec-
tive registration date. The Director may establish proce-
dures, 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 
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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 Trade-
mark 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) des-
ignating 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. 
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‘‘(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 appli-
cation as defined in section 351(c) designating the United 
States, or a prior international design application desig-
nating the United States, and a national application shall 
be entitled to the benefit of the filing date of a prior inter-
national 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 applica-
tion 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 applica-
tion 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, includ-
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ing a requirement for payment of the fee specified in sec-
tion 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 with-
drawn, 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 inter-
national 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. 
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‘‘§ 389. Examination of international design applica-
tion 
‘‘(a) IN GENERAL.—The Director shall cause an ex-
amination to be made pursuant to this title of an inter-
national 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 chap-
ter 16. 
‘‘(c) FEES.—The Director may prescribe fees for fil-
ing international design applications, for designating the 
United States, and for any other processing, services, or 
materials relating to international design applications, and 
may provide for later payment of such fees, including sur-
charges for later submission of fees. 
‘‘(d) ISSUANCE OF PATENT.—The Director may issue 
a patent based on an international design application des-
ignating the United States, in accordance with the provi-
sions of this title. Such patent shall have the force and 
effect of a patent issued on an application filed under 
chapter 16. 
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after ‘‘did not originate in the United States’’; 
and 
(9) in section 366— 
(A) in the first sentence, by striking ‘‘un-
less 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 des-
ignating the United States, or a claim for ben-
efit under section 386(c) was made in an inter-
national design application designating the 
United States, filed before the date of such 
withdrawal.’’; and 
(B) by striking the second sentence and in-
serting the following: ‘‘However, such with-
drawn 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— 
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(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 de-
sign application’’ have the meanings given those 
terms in section 381 of title 35, United States Code, 
as added by this title; 
(2) the term ‘‘international application’’ has the 
meaning given that term in section 351(c) of title 
35, United States Code; and 
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(3) the term ‘‘national application’’ means ‘‘na-
tional 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 fil-
ing 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 ap-
plication shall be the date on which a specification, 
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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 accom-
panied 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, in-
cluding the payment of a surcharge, as may be pre-
scribed 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 provi-
sional application shall be the date on which a speci-
fication, 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 pre-
scribe the conditions, including the payment of a sur-
charge, 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 con-
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stitute the specification and any drawings of the subse-
quent 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 Direc-
tor. 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 re-
garded 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 draw-
ings of the previously filed application are submitted 
to the Director.’’. 
(b) RELIEF IN RESPECT OF TIME LIMITS AND REIN-
STATEMENT 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 reex-
amination 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 applica-
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tion for patent, accept an unintentionally delayed payment 
of the fee for issuing each patent, or accept an uninten-
tionally delayed response by the patent owner in a reexam-
ination proceeding, upon petition by the applicant for pat-
ent 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 fol-
lowing: 
‘‘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 fol-
lowing: ‘‘The Director may prescribe regu-
lations, including the requirement for pay-
ment 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 coun-
try within the 12-month period was unin-
tentional.’’; and 
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(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), pur-
suant to which the 12-month period 
set forth in this subsection may be ex-
tended 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 unin-
tentional.’’; 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 section 363 in a Receiv-
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ing Office other than the Patent and 
Trademark Office, the 12-month and addi-
tional 2-month period set forth in this sub-
section 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 uninten-
tionally 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 add-
ing at the end the following: ‘‘The Patent and 
Trademark Office shall maintain a register of inter-
ests in patents and applications for patents and shall 
record any document related thereto upon request, 
and may require a fee therefor.’’; and 
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(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 provi-
sions’’; 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 speci-
fication as prescribed by section 112 and any required 
drawings are filed.’’. 
(b) RELIEF IN RESPECT OF TIME LIMITS AND REIN-
STATEMENT OF RIGHT.—Title 35, United States Code, is 
amended— 
(1) in section 41— 
(A) in subsection (a), by striking para-
graph (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 
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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 pri-
ority 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 cir-
cumstances as determined by the Director’’; and 
(B) in subsection (c), by striking para-
graph (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 require 
the payment of the fee specified in subsection (a)(7) 
as a condition of accepting payment of any mainte-
nance fee after the 6-month grace period. If the Di-
rector accepts payment of a maintenance fee after 
the 6-month grace period, the patent shall be consid-
ered 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’’ 
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and inserting ‘‘including the requirement for pay-
ment 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: 
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‘‘(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 un-
avoidable’’. 
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 
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(B) any application for patent that is 
pending on or filed after the effective date set 
forth in paragraph (1). 
(b) EXCEPTIONS.— 
(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 amend-
ments made by this title shall have no effect with re-
spect to any patent that is the subject of litigation 
in an action commenced before the effective date set 
forth in subsection (a)(1). 
Æ 
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