174 
(2) AUTHORITY
TO
WAIVE
FEE.—Subject to 
available resources, the Director may waive payment 
of a filing fee for a transitional proceeding described 
under section 18(a) of the Leahy-Smith America In-
vents Act (35 U.S.C. 321 note). 
(e) CLARIFICATION OF LIMITS ON PATENT TERM 
ADJUSTMENT.— 
(1) AMENDMENTS.—Section 154(b)(1)(B) of 
title 35, United States Code, is amended— 
(A) in the matter preceding clause (i), by 
striking ‘‘not including—’’ and inserting ‘‘the 
term of the patent shall be extended 1 day for 
each day after the end of that 3-year period 
until the patent is issued, not including—’’; 
(B) in clause (i), by striking ‘‘consumed by 
continued examination of the application re-
quested by the applicant’’ and inserting ‘‘con-
sumed after continued examination of the appli-
cation is requested by the applicant’’; 
(C) in clause (iii), by striking the comma 
at the end and inserting a period; and 
(D) by striking the matter following clause 
(iii). 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
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enactment of this Act and apply to any patent appli-
cation that is pending on, or filed on or after, such 
date of enactment. 
(f) CLARIFICATION OF JURISDICTION.— 
(1) IN GENERAL.—The Federal interest in pre-
venting inconsistent final judicial determinations as 
to the legal force or effect of the claims in a patent 
presents a substantial Federal issue that is impor-
tant to the Federal system as a whole. 
(2) APPLICABILITY.—Paragraph (1)— 
(A) shall apply to all cases filed on or 
after, or pending on, the date of the enactment 
of this Act; and 
(B) shall not apply to a case in which a 
Federal court has issued a ruling on whether 
the case or a claim arises under any Act of 
Congress relating to patents or plant variety 
protection before the date of the enactment of 
this Act. 
(g) PATENT PILOT PROGRAM IN CERTAIN DISTRICT 
COURTS DURATION.— 
(1) DURATION.—Section 1(c) of Public Law 
111–349 (124 Stat. 3674; 28 U.S.C. 137 note) is 
amended to read as follows: 
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‘‘(c) DURATION.—The program established under 
subsection (a) shall be maintained using existing re-
sources, and shall terminate 20 years after the end of the 
6-month period described in subsection (b).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(h) TECHNICAL CORRECTIONS.— 
(1) NOVELTY.— 
(A) AMENDMENT.—Section 102(b)(1)(A) 
of title 35, United States Code, is amended by 
striking ‘‘the inventor or joint inventor or by 
another’’ and inserting ‘‘the inventor or a joint 
inventor or another’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall be effective as 
if included in the amendment made by section 
3(b)(1) of the Leahy-Smith America Invents 
Act (Public Law 112–29). 
(2) INVENTOR’S OATH OR DECLARATION.— 
(A) AMENDMENT.—The second sentence of 
section 115(a) of title 35, United States Code, 
is amended by striking ‘‘shall execute’’ and in-
serting ‘‘may be required to execute’’. 
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177 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall be effective as 
if included in the amendment made by section 
4(a)(1) of the Leahy-Smith America Invents 
Act (Public Law 112–29). 
(3) ASSIGNEE FILERS.— 
(A) BENEFIT OF EARLIER FILING DATE; 
RIGHT OF PRIORITY.—Section 119(e)(1) of title 
35, United States Code, is amended, in the first 
sentence, by striking ‘‘by an inventor or inven-
tors named’’ and inserting ‘‘that names the in-
ventor or a joint inventor’’. 
(B) BENEFIT OF EARLIER FILING DATE IN 
THE UNITED STATES.—Section 120 of title 35, 
United States Code, is amended, in the first 
sentence, by striking ‘‘names an inventor or 
joint inventor’’ and inserting ‘‘names the inven-
tor or a joint inventor’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall take effect on the 
date of the enactment of this Act and shall 
apply to any patent application, and any patent 
issuing from such application, that is filed on or 
after September 16, 2012. 
(4) DERIVED PATENTS.— 
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178 
(A) AMENDMENT.—Section 291(b) of title 
35, United States Code, is amended by striking 
‘‘or joint inventor’’ and inserting ‘‘or a joint in-
ventor’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall be effective as 
if included in the amendment made by section 
3(h)(1) of the Leahy-Smith America Invents 
Act (Public Law 112–29). 
(5) SPECIFICATION.—Notwithstanding section 
4(e) of the Leahy-Smith America Invents Act (Pub-
lic Law 112–29; 125 Stat. 297), the amendments 
made by subsections (c) and (d) of section 4 of such 
Act shall apply to any proceeding or matter that is 
pending on, or filed on or after, the date of the en-
actment of this Act. 
(6) TIME LIMIT FOR COMMENCING MISCONDUCT 
PROCEEDINGS.— 
(A) AMENDMENT.—The fourth sentence of 
section 32 of title 35, United States Code, is 
amended by striking ‘‘1 year’’ and inserting 
‘‘18 months’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by this paragraph shall take effect on the 
date of the enactment of this Act and shall 
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179 
apply to any action in which the Office files a 
complaint on or after such date of enactment. 
(7) PATENT OWNER RESPONSE.— 
(A) CONDUCT
OF
INTER
PARTES
RE-
VIEW.—Paragraph (8) of section 316(a) of title 
35, United States Code, is amended by striking 
‘‘the petition under section 313’’ and inserting 
‘‘the petition under section 311’’. 
(B) CONDUCT OF POST-GRANT REVIEW.— 
Paragraph (8) of section 326(a) of title 35, 
United States Code, is amended by striking 
‘‘the petition under section 323’’ and inserting 
‘‘the petition under section 321’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall take effect on the 
date of the enactment of this Act. 
(8) INTERNATIONAL APPLICATIONS.— 
(A) AMENDMENTS.—Section 202(b) of the 
Patent Law Treaties Implementation Act of 
2012 (Public Law 112–211; 126 Stat. 1536) is 
amended— 
(i) by striking paragraph (7); and 
(ii) by redesignating paragraphs (8) 
and (9) as paragraphs (7) and (8), respec-
tively. 
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