moter) in addition to reasonable costs and attorneys’ fees,
the greater of—
‘‘(A) $5,000; or
‘‘(B) the amount of actual damages sustained
by the customer.
‘‘(2) Notwithstanding paragraph (1), the court may
increase damages to not more than 3 times the amount
awarded.
‘‘(c) REBUTTABLE PRESUMPTION OF INJURY.—For
purposes of this section, substantial violation of any provi-
sion of this chapter by an invention promoter or execution
by the customer of a contract for invention promotion
services in reliance on any material false or fraudulent
statements or representations or omissions of material
fact shall establish a rebuttable presumption of injury.
‘‘§ 57. Records of complaints
‘‘(a) RELEASE OF COMPLAINTS.—The Director shall
make all complaints received by the United States Patent
and Trademark Office involving invention promoters pub-
licly available, together with any response of the invention
promoters.
‘‘(b) REQUEST
FOR COMPLAINTS.—The Director
may request complaints relating to invention promotion
services from any Federal or State agency and include
such complaints in the records maintained under sub-
section (a), together with any response of the invention
promoters.
‘‘§ 58. Fraudulent representation by an invention pro-
moter
‘‘Whoever, in providing invention promotion services,
knowingly provides any false or misleading statement, rep-
resentation, or omission of material fact to a customer or
fails to make all the disclosures required under this chap-
ter, shall be guilty of a misdemeanor and fined not more
than $10,000 for each offense.
‘‘§ 59. Rule of construction
‘‘Except as expressly provided in this chapter, no pro-
vision of this chapter shall be construed to affect any obli-
gation, right, or remedy provided under any other Federal
or State law.’’.
SEC. 403. TECHNICAL AND CONFORMING AMENDMENT.
The table of chapters for part I of title 35, United
States Code, is amended by adding after the item relating
to chapter 4 the following:
‘‘5. Invention Promotion Services ...............................................
51’’.
SEC. 404. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect 60 days after the date of the enactment
of this Act.
TITLE V—MISCELLANEOUS
IMPROVEMENTS
SEC. 501. 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 Director, a provisional application
may be treated as an application filed under sub-
section (a). Subject to section 119(e)(3) of this title,
if no such request is made, the provisional applica-
tion shall be regarded as abandoned 12 months after
the filing date of such application and shall not be
subject to revival thereafter.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) applies to any provisional application filed
on or after June 8, 1995.
SEC. 502. INTERNATIONAL APPLICATIONS.
Section 119 of title 35, United States Code, is
amended—
(1) in subsection (a), by inserting ‘‘or in a
WTO member country,’’ after ‘‘or to citizens of the
United States,’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(f) 
APPLICATIONS
FOR
PLANT
BREEDER’S
RIGHTS.—Applications for plant breeder’s rights filed in
a WTO member country (or in a 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 patents, subject to the same
conditions and requirements of this section as apply to ap-
plications for patents.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘WTO member country’ has the
same meaning as the term is defined in section
104(b)(2) of this title; and
‘‘(2) the term ‘UPOV Contracting Party’ means
a member of the International Convention for the
Protection of New Varieties of Plants.’’.
SEC. 503. PLANT PATENTS.
(a) TUBER PROPAGATED PLANTS.—Section 161 of
title 35, United States Code, is amended by striking ‘‘a
tuber propagated plant or’’.
(b) RIGHTS IN PLANT PATENTS.—The text of section
163 of title 35, United States Code, is amended to read
as follows: ‘‘In the case of a plant patent, the grant shall
include the right to exclude others from asexually repro-
ducing the plant, and from using, offering for sale, or sell-
ing the plant so reproduced, or any of its parts, through-
out the United States, or from importing the plant so re-
produced, or any parts thereof, into the United States.’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply on the date of the enactment
of this Act. The amendment made by subsection (b) shall
apply to any plant patent issued on or after the date of
the enactment of this Act.
SEC. 504. ELECTRONIC FILING.
Section 22 of title 35, United States Code, is amend-
ed by striking ‘‘printed or typewritten’’ and inserting
‘‘printed, typewritten, or on an electronic medium’’.
SEC. 505. DIVISIONAL APPLICATIONS.
(a) IN GENERAL.—Section 121 of title 35, United
States Code, is amended—
(1) in the first sentence by striking ‘‘If’’ and in-
serting ‘‘(a) If’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(b) In a case in which restriction is required on the
ground that two or more independent and distinct inven-
tions are claimed in an application, the applicant shall be
entitled to submit an examination fee and request exam-
ination for each independent and distinct invention in ex-
cess of one. The examination fee shall be equal to the filing
fee, including excess claims fees, that would have applied
had the claims corresponding to the asserted independent
and distinct inventions been presented in a separate appli-
cation for patent. For each of the independent and distinct
inventions in excess of one for which the applicant pays
an examination fee within two months after the require-
ment for restriction, the Director shall cause an examina-
tion to be made and a notification of rejection or written
notice of allowance provided to the applicant within the
time period specified in section 154(b)(1)(B)(i) of this title
for the original application. Failure to meet this or any
other time limit set forth in section 154(b)(1)(B) of this
title shall be treated as an unusual administrative delay
under section 154(b)(1)(A)(iv) of this title.
‘‘(c) An applicant who requests reconsideration of a
requirement for restriction under this section and submits
examination fees pursuant to such requirement shall, if
the requirement is determined to be improper, be entitled
to a refund of any examination fees determined to have
been paid pursuant to the requirement.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date that is 2 years
after the date of the enactment of this Act and shall apply
to applications for patent filed on or after such effective
date.