SEC. 617. TRADEMARK TRIAL AND APPEAL BOARD.
Section 17 of the Act of July 5, 1946 (commonly re-
ferred to as the ‘‘Trademark Act of 1946’’) (15 U.S.C. 1067)
is amended to read as follows:
‘‘SEC. 17. (a) In every case of interference, opposition
to registration, application to register as a lawful concur-
rent user, or application to cancel the registration of a
mark, the Director shall give notice to all parties and shall
direct a Trademark Trial and Appeal Board to determine
and decide the respective rights of registration.
‘‘(b) The Trademark Trial and Appeal Board shall in-
clude the Director, the Commissioner for Patents, the Com-
missioner for Trademarks, and administrative trademark
judges who are appointed by the Director.’’.
SEC. 
618. 
BOARD 
OF 
PATENT 
APPEALS 
AND 
INTER-
FERENCES.
Chapter 1 of title 35, United States Code, is
amended—
(1) by striking section 7 and redesignating sec-
tions 8 through 14 as sections 7 through 13, respec-
tively; and
(2) by inserting after section 5 the following:
‘‘§ 6. Board of Patent Appeals and Interferences
‘‘(a) ESTABLISHMENT AND COMPOSITION.—There shall
be in the United States Patent and Trademark Office a
Board of Patent Appeals and Interferences. The Director,
the Commissioner for Patents, the Commissioner for Trade-
marks, and the administrative patent judges shall con-
stitute the Board. The administrative patent judges shall
be persons of competent legal knowledge and scientific abil-
ity who are appointed by the Director.
‘‘(b) DUTIES.—The Board of Patent Appeals and
Interferences shall, on written appeal of an applicant, re-
view adverse decisions of examiners upon applications for
patents and shall determine priority and patentability of
invention in interferences declared under section 135(a).
Each appeal and interference shall be heard by at least 3
members of the Board, who shall be designated by the Direc-
tor. Only the Board of Patent Appeals and Interferences
may grant rehearings.’’.
SEC. 619. ANNUAL REPORT OF DIRECTOR.
Section 13 of title 35, United States Code, as redesig-
nated by section 618 of this Act, is amended to read as
follows:
‘‘§ 13. Annual report to Congress
‘‘The Director shall report to the Congress, not later
than 180 days after the end of each fiscal year, the moneys
received and expended by the Office, the purposes for which
the moneys were spent, the quality and quantity of the work
of the Office, the nature of training provided to examiners,
the evaluation of the Director and the Commissioners by
the Secretary of Commerce, the Director’s and the Commis-
sioners’ compensation, and other information relating to
the Office.’’.
SEC. 620. SUSPENSION OR EXCLUSION FROM PRACTICE.
Section 32 of title 35, United States Code, is amended
by inserting before the last sentence the following: ‘‘The Di-
rector shall have the discretion to designate any attorney
who is an officer or employee of the United States Patent
and Trademark Office to conduct the hearing required by
this section.’’.
SEC. 621. PAY OF DIRECTOR.
Section 5314 of title 5, United States Code, is amended
by striking
‘‘Assistant Secretary of Commerce and Commis-
sioner of Patents and Trademarks.’’
and inserting
‘‘Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent
and Trademark Office.’’.
Subtitle B—Effective Date;
Technical Amendments
SEC. 631. EFFECTIVE DATE.
This title and the amendments made by this title shall
take effect 4 months after the date of the enactment of this
Act.
SEC. 632. TECHNICAL AND CONFORMING AMENDMENTS.
(a) AMENDMENTS TO TITLE 35.—
(1) The item relating to part I in the table of
parts for chapter 35, United States Code, is amended
to read as follows:
‘‘I. United States Patent and Trademark Office ......................
1’’.
(2) The heading for part I of title 35, United
States Code, is amended to read as follows:
‘‘PART I—UNITED STATES PATENT AND
TRADEMARK OFFICE’’.
(3) The table of chapters for part I of title 35,
United States Code, is amended by amending the
item relating to chapter 1 to read as follows:
‘‘1. Establishment, Officers and Employees, Functions ........
1’’.
(4) The table of sections for chapter 1 of title 35,
United States Code, is amended to read as follows:
‘‘CHAPTER 1—ESTABLISHMENT, OFFICERS
AND EMPLOYEES, FUNCTIONS
‘‘Sec.
‘‘1. Establishment.
‘‘2. Powers and duties.
‘‘3. Officers and employees.
‘‘4. Restrictions on officers and employees as to interest in patents.
‘‘5. Patent and Trademark Office Public Advisory Committee.
‘‘6. Board of Patent Appeals and Interferences.
‘‘7. Library.
‘‘8. Classification of patents.
‘‘9. Certified copies of records.
‘‘10. Publications.
‘‘11. Exchange of copies of patents and applications with foreign countries.
‘‘12. Copies of patents and applications for public libraries.
‘‘13. Annual report to Congress.’’.
(5) Section 41(h) of title 35, United States Code,
is amended by striking ‘‘Commissioner of Patents and
Trademarks’’ and inserting ‘‘Director’’.
(6) Section 155 of title 35, United States Code,
is amended by striking ‘‘Commissioner of Patents and
Trademarks’’ and inserting ‘‘Director’’.
(7) Section 155A(c) of title 35, United States
Code, is amended by striking ‘‘Commissioner of Pat-
ents and Trademarks’’ and inserting ‘‘Director’’.
(8)(A) Except as provided in subparagraph (B),
title 35, United States Code, is amended by striking
‘‘Commissioner’’ each place it appears and inserting
‘‘Director’’.
(B) Chapter 17 of title 35, United States Code,
is amended by striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Commissioner of Patents’’.
(9) Section 41(a)(8)(A) of title 35, United States
Code, is amended by striking ‘‘On’’ and inserting
‘‘on’’.
(10) Section 157(d) of title 35, United States
Code, is amended by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘Director’’.
(11) Section 181 of title 35, United States Code,
is amended in the third paragraph by striking ‘‘Sec-
retary of Commerce under rules prescribed by him’’
and inserting ‘‘Director under rules prescribed by the
Patent and Trademark Office’’.
(12) Section 188 of title 35, United States Code,
is amended by striking ‘‘Secretary of Commerce’’ and
inserting ‘‘Patent and Trademark Office’’.
(13) Section 202(a) of title 35, United States
Code, is amended—
(A) by striking ‘‘iv)’’ and inserting ‘‘(iv)’’;
and
(B) by striking the second period after ‘‘De-
partment of Energy’’ at the end of the first sen-
tence.
(b) OTHER PROVISIONS OF LAW.—
(1)(A) Section 45 of the Act of July 5, 1946
(commonly referred to as the ‘‘Trademark Act of
1946’’; 15 U.S.C. 1127), is amended by striking ‘‘The
term ‘Commissioner’’ means the Commissioner of Pat-
ents and Trademarks.’ and inserting ‘‘The term ‘Di-
rector’ means the Director of the United States Patent
and Trademark Office.’’.
(B) The Act of July 5, 1946 (commonly referred
to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. 1051
and following), except for section 17, as amended by
section 617 of this Act, is amended by striking ‘‘Com-
missioner’’ each place it appears and inserting ‘‘Di-
rector’’.
(2) Section 500(e) of title 5, United States Code,
is amended by striking ‘‘Patent Office’’ and inserting
‘‘United States Patent and Trademark Office’’.
(3) Section 5102(c)(23) of title 5, United States
Code, is amended to read as follows:
‘‘(23) administrative patent judges and des-
ignated administrative patent judges in the United
States Patent and Trademark Office;’’.
(4) Section 5316 of title 5, United States Code
(5 U.S.C. 5316) is amended by striking ‘‘Commis-
sioner of Patents, Department of Commerce.’’, ‘Dep-
uty Commissioner of Patents and Trademarks.’’, ‘‘As-
sistant Commissioner for Patents.’’, and ‘Assistant
Commissioner for Trademarks.’’.
(5) Section 9(p)(1)(B) of the Small Business Act
(15 U.S.C. 638(p)(1)(B)) is amended to read as fol-
lows:
‘‘(B) the Director of the United States Pat-
ent and Trademark Office; and’’.
(6) Section 12 of the Act of February 14, 1903
(15 U.S.C. 1511) is amended by striking ‘‘(d) Patent
and Trademark Office;’’ and redesignating subsections
(a) through (g) as paragraphs (1) through (6), respec-
tively and indenting the paragraphs as so redesig-
nated 2 ems to the right.
(7) Section 19 of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831r) is amended—
(A) by striking ‘‘Patent Office of the United
States’’ and inserting ‘‘United States Patent and
Trademark Office’’; and
(B) by striking ‘‘Commissioner of Patents’’
and inserting ‘‘Director of the United States
Patent and Trademark Office’’.
(8) Section 182(b)(2)(A) of the Trade Act of
1974 (19 U.S.C. 2242(b)(2)(A)) is amended by strik-
ing ‘‘Commissioner of Patents and Trademarks’’ and
inserting ‘‘Director of the United States Patent and
Trademark Office’’.
(9) Section 302(b)(2)(D) of the Trade Act of
1974 (19 U.S.C. 2412(b)(2)(D)) is amended by strik-
ing ‘‘Commissioner of Patents and Trademarks’’ and
inserting ‘‘Director of the United States Patent and
Trademark Office’’.
(10) The Act of April 12, 1892 (27 Stat. 395; 20
U.S.C. 91) is amended by striking ‘‘Patent Office’’
and inserting ‘‘United States Patent and Trademark
Office’’.
(11) Sections 505(m) and 512(o) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(m) and
360b(o)) are each amended by striking ‘‘Patent and
Trademark Office of the Department of Commerce’’
and inserting ‘‘United States Patent and Trademark
Office’’.
(12) Section 702(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 372(d)) is amended by
striking ‘‘Commissioner of Patents’’ and inserting
‘‘Director of the United States Patent and Trademark
Office’’ and by striking ‘‘Commissioner’’ and insert-
ing ‘‘Director’’.
(13) Section 105(e) of the Federal Alcohol Ad-
ministration Act (27 U.S.C. 205(e)) is amended by
striking ‘‘United States Patent Office’’ and inserting
‘‘United States Patent and Trademark Office’’.
(14) Section 1295(a)(4) of title 28, United States
Code, is amended—
(A) in subparagraph (A) by inserting
‘‘United States’’ before ‘‘Patent and Trademark’’;
and
(B) in subparagraph (B) by striking ‘‘Com-
missioner of Patents and Trademarks’’ and in-
serting ‘‘Director of the United States Patent
and Trademark Office’’.
(15) Chapter 115 of title 28, United States Code,
is amended—
(A) in the item relating to section 1744 in
the table of sections by striking ‘‘Patent Office’’
and inserting ‘‘United States Patent and Trade-
mark Office’’;
(B) in section 1744—
(i) by striking ‘‘Patent Office’’ each
place it appears in the text and section
heading and inserting ‘‘United States Pat-
ent and Trademark Office’’;
(ii) by striking ‘‘Commissioner of Pat-
ents’’ and inserting ‘‘Director of the United
States Patent and Trademark Office’’; and
(C) by striking ‘‘Commissioner’’ and insert-
ing ‘‘Director’’.
(16) Section 1745 of title 28, United States
Code, is amended by striking ‘‘United States Patent
Office’’ and inserting ‘‘United States Patent and
Trademark Office’’.
(17) Section 1928 of title 28, United States
Code, is amended by striking ‘‘Patent Office’’ and in-
serting ‘‘United States Patent and Trademark Of-
fice’’.
(18) Section 151 of the Atomic Energy Act of
1954 (42 U.S.C. 2181) is amended in subsections c.
and d. by striking ‘‘Commissioner of Patents’’ and in-
serting ‘‘Director of the United States Patent and
Trademark Office’’.
(19) Section 152 of the Atomic Energy Act of
1954 (42 U.S.C. 2182) is amended by striking ‘‘Com-
missioner of Patents’’ each place it appears and in-
serting ‘‘Director of the United States Patent and
Trademark Office’’.
(20) Section 305 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2457) is
amended—
(A) in subsection (c) by striking ‘‘Commis-
sioner of Patents’’ and inserting ‘‘Director of the
United States Patent and Trademark Office
(hereafter in this section referred to as the ‘Di-
rector’)’’; and
(B) by striking ‘‘Commissioner’’ each subse-
quent place it appears and inserting ‘‘Director’’.
(21) Section 12(a) of the Solar Heating and
Cooling Demonstration Act of 1974 (42 U.S.C.
5510(a)) is amended by striking ‘‘Commissioner of
the Patent Office’’ and inserting ‘‘Director of the
United States Patent and Trademark Office’’.
(22) Section 1111 of title 44, United States
Code, is amended by striking ‘‘the Commissioner of
Patents,’’.
(23) Section 1114 of title 44, United States
Code, is amended by striking ‘‘the Commissioner of
Patents,’’.
(24) Section 1123 of title 44, United States
Code, is amended by striking ‘‘the Patent Office,’’.
(25) Sections 1337 and 1338 of title 44, United
States Code, and the items relating to those sections
in the table of contents for chapter 13 of such title,
are repealed.
(26) Section 10(i) of the Trading with the enemy
Act (50 U.S.C. App. 10(i)) is amended by striking
‘‘Commissioner of Patents’’ and inserting ‘‘Director of
the United States Patent and Trademark Office’’.
(27) Section 11 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ before ‘‘the chief
executive officer of the Resolution Trust
Corporation;’’;
(ii) by striking ‘‘and’’ before ‘‘the
Chairperson of the Federal Deposit Insur-
ance Corporation;’’;
(iii) by striking ‘‘or’’ before ‘‘the Com-
missioner of Social Security,’’; and
(iv) by inserting ‘‘or the Director of the
United States Patent and Trademark Of-
fice;’’ after ‘‘Social Security Administra-
tion;’’; and
(B) in paragraph (2)—
(i) by striking ‘‘or’’ before ‘‘the Vet-
erans’ Administration,’’; and
(ii) by striking ‘‘or the Social Security
Administration’’ and inserting ‘‘the Social
Security Administration, or the United
States Patent and Trademark Office’’.
Subtitle C—Miscellaneous
Provisions
SEC. 641. REFERENCES.
(a) IN GENERAL.—Any reference in any other Federal
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of or pertaining to a department
or office from which a function is transferred by this title—
(1) to the head of such department or office is
deemed to refer to the head of the department or office
to which such function is transferred; or
(2) to such department or office is deemed to
refer to the department or office to which such func-
tion is transferred.
(b) SPECIFIC REFERENCES.—Any reference in any
other Federal law, Executive order, rule, regulation, or dele-
gation of authority, or any document of or pertaining to
the Patent and Trademark Office—
(1) to the Commissioner of Patents and Trade-
marks is deemed to refer to the Director of the United
States Patent and Trademark Office;
(2) to the Assistant Commissioner for Patents is
deemed to refer to the Commissioner for Patents; or
(3) to the Assistant Commissioner for Trade-
marks is deemed to refer to the Commissioner for
Trademarks.
SEC. 642. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official
to whom a function is transferred by this title may, for
purposes of performing the function, exercise all authorities
under any other provision of law that were available with
respect to the performance of that function to the official
responsible for the performance of the function immediately
before the effective date of the transfer of the function under
this title.
SEC. 643. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, any officer or employee of any
office transferred by this title, or any other Govern-
ment official, or by a court of competent jurisdiction,
in the performance of any function that is transferred
by this title, and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant
to their terms as in effect on such effective date), shall
continue in effect according to their terms until modi-
fied, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other au-
thorized official, a court of competent jurisdiction, or
operation of law.
(b) PROCEEDINGS.—This title shall not affect any pro-
ceedings or any application for any benefits, service, license,
permit, certificate, or financial assistance pending on the
effective date of this title before an office transferred by this
title, but such proceedings and applications shall be contin-
ued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pur-
suant to such orders, as if this title had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent jurisdic-
tion, or by operation of law. Nothing in this subsection shall
be considered to prohibit the discontinuance or modification
of any such proceeding under the same terms and condi-
tions and to the same extent that such proceeding could have
been discontinued or modified if this title had not been en-
acted.
(c) SUITS.—This title shall not affect suits commenced
before the effective date of this title, and in all such suits,
proceedings shall be had, appeals taken, and judgments ren-
dered in the same manner and with the same effect as if
this title had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action, or
other proceeding commenced by or against the Department
of Commerce or the Secretary of Commerce, or by or against
any individual in the official capacity of such individual
as an officer or employee of an office transferred by this
title, shall abate by reason of the enactment of this title.
(e) CONTINUANCE OF SUITS.—If any Government offi-
cer in the official capacity of such officer is party to a suit
with respect to a function of the officer, and under this title
such function is transferred to any other officer or office,
then such suit shall be continued with the other officer or
the head of such other office, as applicable, substituted or
added as a party.
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this title, any stat-
utory requirements relating to notice, hearings, action upon
the record, or administrative or judicial review that apply
to any function transferred by this title shall apply to the
exercise of such function by the head of the Federal agency,
and other officers of the agency, to which such function is
transferred by this title.
SEC. 644. TRANSFER OF ASSETS.
Except as otherwise provided in this title, so much of
the personnel, property, records, and unexpended balances
of appropriations, allocations, and other funds employed,
used, held, available, or to be made available in connection
with a function transferred to an official or agency by this
title shall be available to the official or the head of that
agency, respectively, at such time or times as the Director
of the Office of Management and Budget directs for use in
connection with the functions transferred.
SEC. 645. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or oth-
erwise provided in this title, an official to whom functions
are transferred under this title (including the head of any
office to which functions are transferred under this title)
may delegate any of the functions so transferred to such
officers and employees of the office of the official as the offi-
cial may designate, and may authorize successive redelega-
tions of such functions as may be necessary or appropriate.
No delegation of functions under this section or under any
other provision of this title shall relieve the official to whom
a function is transferred under this title of responsibility
for the administration of the function.
SEC. 646. AUTHORITY OF DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET WITH RESPECT
TO FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Director of
the Office of Management and Budget shall make any deter-
mination of the functions that are transferred under this
title.
(b) INCIDENTAL TRANSFERS.—The Director of the Of-
fice of Management and Budget, at such time or times as
the Director shall provide, may make such determinations
as may be necessary with regard to the functions transferred
by this title, and to make such additional incidental dis-
positions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to
carry out the provisions of this title. The Director shall pro-
vide for the termination of the affairs of all entities termi-
nated by this title and for such further measures and dis-
positions as may be necessary to effectuate the purposes of
this title.
SEC. 647. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFERS.
For purposes of this title, the vesting of a function in
a department or office pursuant to reestablishment of an
office shall be considered to be the transfer of the function.
SEC. 648. AVAILABILITY OF EXISTING FUNDS.
Existing appropriations and funds available for the
performance of functions, programs, and activities termi-
nated pursuant to this title shall remain available, for the
duration of their period of availability, for necessary ex-
penses in connection with the termination and resolution
of such functions, programs, and activities, subject to the
submission of a plan to the Committees on Appropriations
of the House and Senate in accordance with the procedures
set forth in section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Ap-
propriations Act, 1999, as contained in Public Law 105–
277.
SEC. 649. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(2) the term ‘‘office’’ includes any office, admin-
istration, agency, bureau, institute, council, unit, or-
ganizational entity, or component thereof.
TITLE VII—MISCELLANEOUS
PATENT PROVISIONS
SEC. 701. PROVISIONAL APPLICATIONS.
(a) ABANDONMENT.—Section 111(b)(5) of title 35,
United States Code, is amended to read as follows:
‘‘(5) ABANDONMENT.—Notwithstanding the ab-
sence of a claim, upon timely request and as pre-
scribed by the Commissioner, a provisional applica-
tion may be treated as an application filed under
subsection (a). Subject to section 119(e)(3) of this
title, if no such request is made, the provisional ap-
plication shall be regarded as abandoned 12 months
after the filing date of such application and shall not
be subject to revival thereafter.’’.
(b) TECHNICAL AMENDMENT RELATING TO WEEKENDS
AND HOLIDAYS.—Section 119(e) of title 35, United States
code, is amended by adding at the end the following:
100
‘‘(3) If the day that is 12 months after the filing date
of a provisional application falls on a Saturday, Sunday,
or Federal holiday within the District of Columbia, the pe-
riod of pendency of the provisional application shall be ex-
tended to the next succeeding secular or business day.’’.
(c) ELIMINATION OF COPENDENCY REQUIREMENT.—
Section 119(e)(2) of title 35, United States Code, is amend-
ed by striking ‘‘and the provisional application was pend-
ing on the filing date of the application for patent under
section 111(a) or section 363 of this title’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall apply to any provisional application filed
on or after June 8, 1995, except that the amendments made
by subsections (b) and (c) shall have no effect with respect
to any patent which is the subject of litigation in an action
commenced before such date of enactment.
SEC. 702. INTERNATIONAL APPLICATIONS.
Section 119 of title 35, United States Code, is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘in a WTO member coun-
try or’’ after ‘‘patent for the same invention’’;
and
101
(B) by inserting ‘‘such WTO member coun-
try or’’ after ‘‘first filed in’’;
(2) in subsection (c), by inserting ‘‘WTO member
country or’’ after ‘‘application in the same’’; and
(3) by adding at the end the following:
‘‘(f) Applications for plant breeder’s rights filed in a
WTO member country (or in a foreign UPOV Contracting
Party) shall have the same effect for the purpose of the right
of priority under subsections (a) through (c) of this section
as applications for patent, subject to the same conditions
and requirements of this section as apply to applications
for patents.
‘‘(g) As used in this section—
‘‘(1) the term ‘WTO member country’ has the
meaning given that term in section 2(10) of the Uru-
guay Round Agreements Act; and
‘‘(2) the term ‘UPOV Contracting Party’ means
a member of the International Convention for the
Protection of New Varieties of Plants.’’.
SEC. 703. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT
INFRINGEMENT NOT APPLICABLE.
Section 287(c)(4) of title 35, United States Code, is
amended by striking ‘‘before the date of enactment of this
subsection’’ and inserting ‘‘based on an application the ear-
102
liest effective filing date of which is prior to September 30,
1996’’.
SEC. 704. ELECTRONIC FILING.
Section 22 of title 35, United States Code, is amended
by striking ‘‘printed or typewritten’’ and inserting ‘‘print-
ed, typewritten, or on an electronic medium’’.
SEC. 705. STUDY AND REPORT ON BIOLOGICAL DEPOSITS
IN SUPPORT OF BIOTECHNOLOGY PATENTS.
(a) IN GENERAL.—No later than 6 months after the
date of the enactment of this Act, the Comptroller General
of the United States, in consultation with the Director of
the United States Patent and Trademark Office, shall con-
duct a study and submit a report to the Congress on the
potential risks to the United States biotechnology industry
relating to biological deposits in support of biotechnology
patents.
(b) CONTENTS.—The study conducted under this sec-
tion shall include—
(1) an examination of the risk of export and the
risk of transfers to third parties of biological deposits,
and the risks posed by the change to 18-month publi-
cation requirements made by this Act;
(2) an analysis of comparative legal and regu-
latory regimes; and
(3) any related recommendations.
103
(c) CONSIDERATION OF REPORT.—In drafting regula-
tions affecting biological deposits (including any modifica-
tion of title 37, Code of Federal Regulations, section 1.801
et seq.), the Patent and Trademark Office shall consider the
recommendations of the study conducted under this section.
SEC. 706. PRIOR INVENTION.
Section 102(g) of title 35, United States Code, is
amended to read as follows:
‘‘(g)(1) during the course of an interference conducted
under section 135 or section 291, another inventor involved
therein establishes, to the extent permitted in section 104,
that before such person’s invention thereof the invention was
made by such other inventor and not abandoned, sup-
pressed, or concealed, or (2) before such person’s invention
thereof, the invention was made in this country by another
inventor who had not abandoned, suppressed, or concealed
it. In determining priority of invention under this sub-
section, there shall be considered not only the respective
dates of conception and reduction to practice of the inven-
tion, but also the reasonable diligence of one who was first
to conceive and last to reduce to practice, from a time prior
to conception by the other.’’.
104
SEC. 707. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY
ASSIGNED PATENTS.
(a) PRIOR ART EXCLUSION.—Section 103(c) of title
35, United States Code, is amended by striking ‘‘subsection
(f) or (g)’’ and inserting ‘‘one or more of subsections (e),
(f), and (g)’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to any application for patent filed
on or after the date of the enactment of this Act.