instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

    (a) Limitation on Remedies.--Chapter 5 of title 17, United States 
Code, is amended by adding at the end the following new section:
``Sec. 514. Limitation on remedies in cases involving orphan works
    ``(a) Limitation on Remedies.--
            ``(1) Conditions.--Notwithstanding sections 502 through 
        505, in an action brought under this title for infringement of 
        copyright in a work, the remedies for infringement shall be 
        limited under subsection (b) if the infringer sustains the 
        burden of proving, and the court finds, that--
                    ``(A) before the infringing use of the work began, 
                the infringer, a person acting on behalf of the 
                infringer, or any person jointly and severally liable 
                with the infringer for the infringement of the work--
                            ``(i) performed and documented a reasonably 
                        diligent search in good faith to locate the 
                        owner of the infringed copyright; but
                            ``(ii) was unable to locate the owner; and
                    ``(B) the infringing use of the work provided 
                attribution, in a manner reasonable under the 
                circumstances, to the author and owner of the 
                copyright, if known with a reasonable degree of 
                certainty based on information obtained in performing 
                the reasonably diligent search.
            ``(2) Definitions; requirements for searches.--
                    ``(A) Owner of infringed copyright.--For purposes 
                of paragraph (1), the `owner' of an infringed copyright 
                in a work is the legal or beneficial owner of, or any 
                party with authority to grant or license, an exclusive 
                right under section 106 applicable to the infringement.
                    ``(B) Requirements for reasonably diligent 
                search.--(i) For purposes of paragraph (1), a search to 
                locate the owner of an infringed copyright in a work--
                            ``(I) is `reasonably diligent' only if it 
                        includes steps that are reasonable under the 
                        circumstances to locate that owner in order to 
                        obtain permission for the use of the work; and
                            ``(II) is not `reasonably diligent' solely 
                        by reference to the lack of identifying 
                        information with respect to the copyright on 
                        the copy or phonorecord of the work.
                    ``(ii) The steps referred to in clause (i)(I) shall 
                ordinarily include, at a minimum, review of the 
                information maintained by the Register of Copyrights 
                under subparagraph (C).
                    ``(iii) A reasonably diligent search includes the 
                use of reasonably available expert assistance and 
                reasonably available technology, which may include, if 
                reasonable under the circumstances, resources for which 
                a charge or subscription fee is imposed.
                    ``(C) Information to guide searches.--The Register 
                of Copyrights shall receive, maintain, and make 
                available to the public, including through the 
                Internet, information from authoritative sources, such 
                as industry guidelines, statements of best practices, 
                and other relevant documents, that is designed to 
                assist users in conducting and documenting a reasonably 
                diligent search under this subsection. Such information 
                may include--
                            ``(i) the records of the Copyright Office 
                        that are relevant to identifying and locating 
                        copyright owners;
                            ``(ii) other sources of copyright ownership 
                        information reasonably available to users;
                            ``(iii) methods to identify copyright 
                        ownership information associated with a work;
                            ``(iv) sources of reasonably available 
                        technology tools and reasonably available 
                        expert assistance; and
                            ``(v) best practices for documenting a 
                        reasonably diligent search.
    ``(b) Limitations on Remedies.--The limitations on remedies in a 
case to which subsection (a) applies are the following:
            ``(1) Monetary relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                an award for monetary relief (including actual damages, 
                statutory damages, costs, and attorney's fees) may not 
                be made, other than an order requiring the infringer to 
                pay reasonable compensation for the use of the 
                infringed work.
                    ``(B) Exceptions.--(i) An order requiring the 
                infringer to pay reasonable compensation for the use of 
                the infringed work may not be made under subparagraph 
                (A) if--
                            ``(I) the infringement is performed without 
                        any purpose of direct or indirect commercial 
                        advantage and primarily for a charitable, 
                        religious, scholarly, or educational purpose, 
                        and
                            ``(II) the infringer ceases the 
                        infringement expeditiously after receiving 
                        notice of the claim for infringement,
                unless the copyright owner proves, and the court finds, 
                that the infringer has earned proceeds directly 
                attributable to the infringement.
                    ``(ii) If the infringer fails to negotiate in good 
                faith with the owner of the infringed work regarding 
                the amount of reasonable compensation for the use of 
                the infringed work, the court may award full costs, 
                including a reasonable attorney's fee, against the 
                infringer under section 505, subject to section 412.
            ``(2) Injunctive relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                the court may impose injunctive relief to prevent or 
                restrain the infringing use, except that, if the 
                infringer has met the requirements of subsection (a), 
                the relief shall, to the extent practicable, account 
                for any harm that the relief would cause the infringer 
                due to its reliance on having performed a reasonably 
                diligent search under subsection (a).
                    ``(B) Special rule for new works.--In a case in 
                which the infringer recasts, transforms, adapts, or 
                integrates the infringed work with the infringer's 
                original expression in a new work of authorship, the 
                court may not, in granting injunctive relief, restrain 
                the infringer's continued preparation or use of that 
                new work, if the infringer--
                            ``(i) pays reasonable compensation to the 
                        owner of the infringed copyright for the use of 
                        the infringed work; and
                            ``(ii) provides attribution to the owner of 
                        the infringed copyright in a manner that the 
                        court determines is reasonable under the 
                        circumstances.
                    ``(C) Treatment of parties not subject to suit.--
                The limitations on remedies under this paragraph shall 
                not be available to an infringer that asserts in an 
                action under section 501(b) that neither it nor its 
                representative acting in an official capacity is 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504, 
                unless the court finds that such infringer has-- 
                            ``(i) complied with the requirements of 
                        subsection (a) of this section;
                            ``(ii) made a good faith offer of 
                        compensation that was rejected by the copyright 
                        owner; and
                            ``(iii) affirmed in writing its willingness 
                        to pay such compensation to the copyright owner 
                        upon the determination by the court that such 
                        compensation was reasonable under paragraph (3) 
                        of this subsection.
                    ``(D) Construction.--Nothing in subparagraph (C) 
                shall be deemed to authorize or require, and no action 
                taken pursuant to subparagraph (C) shall be deemed to 
                constitute, an award of damages by the court against 
                the infringer.
                    ``(E) Rights and privileges not waived.--No action 
                taken by an infringer pursuant to subparagraph (C) 
                shall be deemed to waive any right or privilege that, 
                as a matter of law, protects such infringer from being 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504.
            ``(3) Reasonable compensation.--In establishing reasonable 
        compensation under paragraph (1) or (2), the owner of the 
        infringed copyright has the burden of establishing the amount 
        on which a reasonable willing buyer and a reasonable willing 
        seller in the positions of the owner and the infringer would 
        have agreed with respect to the infringing use of the work 
        immediately before the infringement began.
    ``(c) Preservation of Other Rights, Limitations, and Defense.--This 
section does not affect any right, limitation, or defense to copyright 
infringement, including fair use, under this title. If another 
provision of this title provides for a statutory license when the 
copyright owner cannot be located, that provision applies in lieu of 
this section.
    ``(d) Copyright for Derivative Works.--Notwithstanding section 
103(a), the infringing use of a work in accordance with this section 
shall not limit or affect the copyright protection for a work that uses 
the infringed work.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 17, United States Code, is amended by adding at the end the 
following new item:

``514. Limitation on remedies in cases involving orphan works''.
    (c) Effective Date.--The amendments made by this section shall 
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

    The Register of Copyrights shall, not later than December 12, 2014, 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate on the 
implementation and effects of the amendments made by section 2, 
including any recommendations for legislative changes that the Register 
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

    (a) In General.--The Register of Copyrights shall conduct an 
inquiry with respect to remedies for copyright infringement claims 
seeking limited amounts of monetary relief, including consideration of 
alternatives to disputes currently heard in the United States district 
courts. The inquiry shall cover infringement claims to which section 
514 of title 17, United States Code (as added by section 2 of this 
Act), apply, and other infringement claims under title 17, United 
States Code.
    (b) Procedures.--The Register of Copyrights shall publish notice of 
the inquiry under subsection (a), providing a period during which 
interested persons may submit comments on the inquiry, and an 
opportunity for interested persons to participate in public roundtables 
on the inquiry. The Register shall hold the public roundtables at such 
times as the Register considers appropriate.
    (c) Report to Congress.--The Register of Copyrights shall, not 
later than 1 year after the date of the enactment of this Act, prepare 
and submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report on the inquiry conducted under this section, including such 
recommendations that the Register considers appropriate.
answer:
Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Workforce Reduction Act of 
2010''.

SEC. 2. REDUCING THE NUMBER OF FEDERAL EMPLOYEES.

    Section 3101 of title 5, United States Code, is amended--
            (1) by striking ``Each Executive agency'' and inserting 
        ``(a) In General.--Subject to subsection (b), each Executive 
        agency''; and
            (2) by adding at the end the following new subsection:
    ``(b) Reduction in Number of Employees.--
            ``(1) Hiring freeze.--Except as provided in paragraph (2), 
        during fiscal year 2011 and each succeeding fiscal year for 
        which the Director of the Office of Management and Budget (in 
        such manner as the Director determines to be appropriate) 
        projects a Federal budget deficit, the head of an Executive 
        agency may not appoint any individual to a position in the 
        agency.
            ``(2) Permitting appointments from federal workforce hiring 
        pool.--
                    ``(A) Establishment of pool.--The President shall 
                establish a Federal workforce hiring pool consisting of 
                positions which may be allocated among all Executive 
                agencies.
                    ``(B) Procedures.--The head of an Executive agency 
                may appoint an individual to a position in the agency 
                if--
                            ``(i) there is a position available in the 
                        Federal workforce hiring pool;
                            ``(ii) the head of the Executive agency 
                        submits a request to the President for the 
                        allocation of a position in the Federal 
                        workforce hiring pool to the agency for 
                        purposes of making an appointment; and
                            ``(iii) the President approves the request.
                    ``(C) Process and criteria for approving 
                requests.--The President shall promulgate regulations--
                            ``(i) setting forth the process by which 
                        the head of an Executive agency may make a 
                        request under this subsection; and
                            ``(ii) setting forth the criteria by which 
                        the President shall determine on a competitive 
                        basis whether to approve a request by the head 
                        of an Executive agency under this subsection.
                    ``(D) Number of positions in pool.--
                            ``(i) Initial number.--As of the first day 
                        of fiscal year 2011, the number of positions in 
                        the Federal workforce hiring pool shall equal 
                        zero.
                            ``(ii) Changes to initial number.--After 
                        the first day of fiscal year 2011, the number 
                        of positions in the Federal workforce hiring 
                        pool--
                                    ``(I) shall increase by .50 for 
                                each full-time-equivalent position in 
                                any Executive agency which subsequently 
                                becomes vacant; and
                                    ``(II) shall decrease by 1.0 for 
                                each request for a full-time equivalent 
                                position which is approved by the 
                                President under this subsection.
            ``(3) Waiver in case of emergency or need to protect 
        national security.--The President may waive this subsection 
        with respect to the hiring of an employee for a position upon a 
        determination by the President that--
                    ``(A) the existence of a state of war or other 
                national security concern so requires; or
                    ``(B) the existence of an extraordinary emergency 
                threatening life, health, safety, or property so 
                requires.
            ``(4) Action through opm.--The President shall carry out 
        this subsection through the Director of the Office of Personnel 
        Management, who shall consult with the Director of the Office 
        of Management and Budget.
            ``(5) Reports to congress.--
                    ``(A) In general.--Not later than 90 days after the 
                end of each quarter of a fiscal year, the President 
                shall provide Congress with a report containing a list 
                of each appointment approved by the President under 
                this subsection during the quarter, broken down by 
                executive agency.
                    ``(B) Information included.--The list contained in 
                a report provided to Congress under subparagraph (A) 
                shall include a description of the position associated 
                with each approved appointment, but shall not provide 
                any information that may be used to identify the 
                individual appointed to the position.
                    ``(C) Public dissemination.--The President shall 
                make each report provided to Congress under 
                subparagraph (A) available to the public by posting the 
                report on the official public website of the Executive 
                Office of the President in a searchable, sortable, and 
                downloadable manner.
            ``(6) Exclusion of certain executive agencies.--This 
        subsection does not apply to--
                    ``(A) the Department of Defense;
                    ``(B) the Department of Homeland Security; or
                    ``(C) the Department of Veterans' Affairs.''.
answer:
Federal Workforce Reduction Act of 2010 - Prohibits the head of an executive agency from appointing any individual to a position in the agency in any fiscal year for which the Director of the Office of Management and Budget (OMB) projects a federal budget deficit. Makes an exception if: (1) there is a position available in the federal workforce hiring pool (to be established by the President); and (2) the President approves an agency head's request for the allocation of a position in the pool to the agency.

Sets the number of positions in the hiring pool at zero as of the first day of FY2011, after which the number shall: (1) increase by .50 for each full time-equivalent position in any agency which subsequently becomes vacant; and (2) decrease by 1.0 for each request for a full time-equivalent position that is approved by the President. Authorizes the President to waive this limitation upon determining that such waiver is required by the existence of a state of war, other national security concern, or an extraordinary emergency threatening life, health, safety, or property.

 Exempts the Department of Defense (DOD), the Department of Homeland Security (DHS), and the Department of Veterans Affairs (VA).


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patent Application Publication Act 
of 1995''.

SEC. 2. EARLY PUBLICATION.

    Section 122 of title 35, United States Code, is amended to read as 
follows:
``Sec. 122. Confidential status of applications; publication of patent 
              applications
    ``(a) Except as provided in subsection (b), applications for 
patents shall be kept in confidence by the Patent and Trademark Office 
and no information concerning the same given without authority of the 
applicant or owner unless necessary to carry out the provisions of any 
Act of Congress or in such special circumstances as may be determined 
by the Commissioner.
    ``(b)(1) Subject to paragraph (2), each application for patent, 
except applications for design patents under chapter 16 of this title 
and provisional applications filed under section 111(b) of this title, 
shall be published, in accordance with procedures as determined by the 
Commissioner, as soon as possible after the expiration of a period of 
18 months from the earliest filing date for which a benefit is sought 
under this title, except that an application that is no longer pending 
shall not be published and an application that is subject to a secrecy 
order pursuant to section 181 of this title shall not be published. An 
application may be published earlier than the above date at the request 
of the applicant. No information concerning published patent 
applications shall be made available to the public except as the 
Commissioner shall determine. Notwithstanding any other provision of 
law, a determination by the Commissioner to release or not to release 
information concerning a published patent application shall be final 
and nonreviewable.
    ``(2) Upon request, an application will not be published in 
accordance with paragraph (1) until 3 months after the Commissioner 
makes a notification to the applicant under section 132 of this title. 
Applications filed pursuant to section 363 of this title, applications 
asserting priority under section 119 or 365(a) of this title, and 
applications asserting the benefit of an earlier application under 
section 120, 121, or 365(c) of this title shall not be eligible for a 
request pursuant to this paragraph. Furthermore, the applicant shall 
certify that the invention disclosed in the application was not or will 
not be the subject of an application filed in a foreign country. A 
request under this paragraph shall only be available to an independent 
inventor who has been accorded status under section 41(h) of this 
title. The Commissioner may establish appropriate procedures and fees 
for a request in accordance with this paragraph.''.
SEC. 3. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.

    (a) In a Foreign Country.--Section 119(b) of title 35, United 
States Code, is amended to read as follows:
    ``(b) No application for patent shall be entitled to this right of 
priority unless a claim therefor and a certified copy of the original 
foreign application, specification and drawings upon which it is based 
are filed in the Patent and Trademark Office at such time during the 
pendency of the application as required by the Commissioner. The 
Commissioner may consider the failure of the applicant to file a timely 
claim for priority as a waiver of any such claim. The certification of 
the original foreign application, specification and drawings shall be 
made by the patent office of the foreign country in which filed and 
show the date of the application and of the filing of the specification 
and other papers. The Commissioner may require a translation of the 
papers filed if not in the English language and such other information 
as he deems necessary.''.
    (b) In the United States.--Section 120 of title 35, United States 
Code, is amended by adding at the end thereof the following:
``The Commissioner may determine the time period during the pendency of 
the application within which an amendment containing the specific 
reference to the earlier filed application shall be submitted. The 
Commissioner may consider the failure to timely submit such an 
amendment as a waiver of any benefit under this section.''.

SEC. 4. PROVISIONAL RIGHTS.

    Section 154 of title 35, United States Code, is amended by adding 
the following new subsection:
    ``(d) Provisional Rights.--In addition to other rights provided by 
this section, a patent shall include the right to obtain a reasonable 
royalty from any person who, during the period from publication of the 
application for such patent pursuant to section 122(b) of this title or 
from international publication of an international application 
designating the United States until issue of that patent--
            ``(1)(A) makes, uses, offers for sale, or sells in the 
        United States the invention as claimed in the published patent 
        application or imports such an invention into the United 
        States; or
            ``(B) if the invention as claimed in the published patent 
        application is a process, uses, offers for sale, or sells in 
        the United States or imports into the United States products 
        made by that process as claimed in the published patent 
        application; and
            ``(2) had actual notice or knowledge of the published 
        patent application.
The right to obtain a reasonable royalty shall not be available under 
this subsection unless the invention claimed in the patent is identical 
to the invention as claimed in the published patent application. The 
right to obtain a reasonable royalty based upon the international 
publication of an international application designating the United 
States shall commence from the date that the Patent and Trademark 
Office receives a copy of the international publication of the 
international application, unless already communicated by the 
International Bureau, or, if the international publication of the 
international application is in a language other than English, from the 
date that the Patent and Trademark Office makes a translation thereof 
available to the public. The Commissioner may require the applicant to 
provide a copy of the international publication of the international 
application and a translation thereof.''.

SEC. 5. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

    Section 102(e) of title 35, United States Code, is amended to read 
as follows:
    ``(e) the invention was described in--
            ``(1)(A) an application for patent, published pursuant to 
        section 122(b) of this title, by another filed in the United 
        States before the invention thereof by the applicant for 
        patent, or
            ``(B) an international application, published pursuant to 
        section 122(b) of this title, by another who has fulfilled the 
        requirements of paragraphs (1), (2), and (4) of section 371(c) 
        of this title before the invention thereof by applicant for 
        patent, or
            ``(2) a patent granted on an application for patent by 
        another filed in the United States before the invention thereof 
        by the applicant for patent, or on an international application 
        by another who has fulfilled the requirements of paragraphs 
        (1), (2), and (4) of section 371(c) of this title before the 
        invention thereof by the applicant for patent, or''.

SEC. 6. COST RECOVERY FOR PUBLICATION.

    The Commissioner shall recover the cost of early publication 
required by the amendment made by section 2 by adjusting the filing, 
issue, and maintenance fees, by charging a separate publication fee, or 
by any combination of these methods.

SEC. 7. CONFORMING CHANGES.

    The following provisions of title 35, United States Code, are 
amended:
            (1) Section 11 is amended in subsection (a)(1) by inserting 
        ``and published applications'' after ``Patents''.
            (2) Section 12 is amended by inserting ``published 
        applications and'' before ``patents''.
            (3) Section 13 is amended by inserting ``published 
        applications and'' before ``patents''.
            (4) The item relating to section 122 in the table of 
        sections for chapter 11 is amended by inserting ``; publication 
        of patent applications'' after ``applications''.
            (5) The item relating to section 154 in the table of 
        sections for chapter 14 is amended by inserting ``; provisional 
        rights'' after ``patent''.
            (6) Section 181 is amended--
                    (A) in the first paragraph by inserting ``by the 
                publication of an application or'' after 
                ``disclosure'', and ``the publication of an application 
                or'' after ``withhold'';
                    (B) in the second paragraph by inserting ``by the 
                publication of an application or'' after ``disclosure 
                of an invention'';
                    (C) in the third paragraph by inserting ``by the 
                publication of the application or'' after ``disclosure 
                of the invention'', and ``the publication of the 
                application or'' after ``withhold''; and
                    (D) in the fourth paragraph by inserting ``the 
                publication of an application or'' after ``and'' in the 
                first sentence.
SEC. 8. PATENT TERM EXTENSION AUTHORITY.

    Section 154(b) of title 35, United States Code, is amended to read 
as follows:
    ``(b) Term Extension.--
            ``(1) Basis for patent term extension.--Subject to the 
        limitations of paragraph (2) of this subsection, if the issue 
        of an original patent is delayed due to--
                    ``(A) a proceeding under section 135(a) of this 
                title,
                    ``(B) the imposition of an order pursuant to 
                section 181 of this title,
                    ``(C) appellate review by the Board of Patent 
                Appeals and Interferences or by a Federal court where 
                the patent was issued pursuant to a decision in the 
                review reversing an adverse determination of 
                patentability, or
                    ``(D) an unusual administrative delay by the Office 
                in issuing the patent,
        the term of the patent shall be extended for the period of 
        delay. The Commissioner shall prescribe regulations to govern 
        the determination of the period of delay and the particular 
        circumstances deemed to be an unusual administrative delay.
            ``(2) Limitations.--
                    ``(A) Maximum period of extension.--The total 
                duration of all extensions of a patent under this 
                subsection shall not exceed 10 years. To the extent 
                that periods of delay attributable to grounds specified 
                in paragraph (1) overlap, the period of any extension 
                granted under this subsection shall not exceed the 
                actual number of days the issuance of the patent was 
                delayed.
                    ``(B) Minimum pendency before extension 
                available.--No patent shall be extended under this 
                section that has been issued before the expiration of 3 
                years after the filing date of the application leading 
                to the patent or the commencement of the national stage 
                under section 371 of this title, whichever is later, 
                not taking into account the benefit of any earlier 
                filed application or applications under section 120, 
                121, or 365(c) of this title.
                    ``(C) Reasonable efforts.--The period of extension 
                of the term of a patent under this subsection shall be 
                reduced by a period equal to the time during the 
                processing or examination of the application leading to 
                the patent in which the applicant failed to engage in 
                reasonable efforts to conclude processing or 
                examination of the application. The Commissioner shall 
                prescribe regulations establishing the circumstances 
                that constitute a failure of an applicant to engage in 
                reasonable efforts to conclude processing or 
                examination of an application.
                    ``(D) Terminal disclaimer.--No patent whose term 
                has been disclaimed beyond a specified date may be 
                extended under this section beyond the expiration date 
                specified in the disclaimer.''.

SEC. 9. LAST DAY OF PENDENCY OF PROVISIONAL APPLICATION.

    Section 119(e) of title 35, United States Code, is amended by 
adding the following at the end: ``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 period 
of pendency of the provisional application shall be extended to the 
next succeeding secular or business day.''.

SEC. 10. EFFECTIVE DATE.

    (a) Sections 2 Through 7.--Sections 2 through 7, and the amendments 
made by such sections, shall take effect on January 1, 1996, and shall 
apply to all applications filed under section 111 of title 35, United 
States Code, on or after that date, and all applications complying with 
section 371 of title 35, United States Code, that resulted from 
international applications filed on or after that date. The amendment 
made by section 4 shall also apply to international applications 
designating the United States that are filed on or after January 1, 
1996.
    (b) Sections 8 and 9.--The amendments made by sections 8 and 9 
shall take effect on the date of the enactment of this Act and shall 
apply to any application filed on or after June 8, 1995.
answer:

Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order.  Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents.  Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant.  Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. 
Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner.  Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. 
Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. 
Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent:  (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application.  Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application.  Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. 
Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. 
Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. 
Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO.  Limits the total duration of all extensions to ten years. 
Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. 
Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.