Patent Law Treaties Implementation Act of 2012
PL 112-211 (S.3486), enacted 12/18/2012

126 STAT. 1527 
PUBLIC LAW 112–211—DEC. 18, 2012 
Public Law 112–211 
112th Congress 
An Act 
To implement the provisions of the Hague Agreement and the Patent Law Treaty. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Patent Law Treaties Implementa-
tion Act of 2012’’. 
TITLE 
I—HAGUE 
AGREEMENT 
CON-
CERNING INTERNATIONAL REGISTRA-
TION OF INDUSTRIAL DESIGNS 
SEC. 101. THE HAGUE AGREEMENT CONCERNING INTERNATIONAL 
REGISTRATION OF INDUSTRIAL DESIGNS. 
(a) IN GENERAL.—Title 35, United States Code, is amended 
by adding at the end the following: 
‘‘PART 
V—THE 
HAGUE 
AGREEMENT 
CON-
CERNING INTERNATIONAL REGISTRATION 
OF INDUSTRIAL DESIGNS 
‘‘CHAPTER 
Sec. 
‘‘38. International design applications ..................................................................
381. 
‘‘CHAPTER 38—INTERNATIONAL DESIGN APPLICATIONS 
‘‘Sec. 
‘‘381. Definitions. 
‘‘382. Filing international design applications. 
‘‘383. International design application. 
‘‘384. Filing date. 
‘‘385. Effect of international design application. 
‘‘386. Right of priority. 
‘‘387. Relief from prescribed time limits. 
‘‘388. Withdrawn or abandoned international design application. 
‘‘389. Examination of international design application. 
‘‘390. Publication of international design application. 
‘‘§ 381. Definitions 
‘‘(a) IN GENERAL.—When used in this part, unless the context 
otherwise indicates— 
‘‘(1) the term ‘treaty’ means the Geneva Act of the Hague 
Agreement Concerning the International Registration of Indus-
trial Designs adopted at Geneva on July 2, 1999; 
35 USC 381. 
35 USC 1 note. 
Patent Law 
Treaties 
Implementation 
Act of 2012. 
Dec. 18, 2012 
[S. 3486] 
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126 STAT. 1528 
PUBLIC LAW 112–211—DEC. 18, 2012 
‘‘(2) the term ‘regulations’— 
‘‘(A) when capitalized, means the Common Regulations 
under the treaty; and 
‘‘(B) when not capitalized, means the regulations estab-
lished by the Director under this title; 
‘‘(3) the terms ‘designation’, ‘designating’, and ‘designate’ 
refer to a request that an international registration have effect 
in a Contracting Party to the treaty; 
‘‘(4) the term ‘International Bureau’ means the inter-
national intergovernmental organization that is recognized as 
the coordinating body under the treaty and the Regulations; 
‘‘(5) the term ‘effective registration date’ means the date 
of international registration determined by the International 
Bureau under the treaty; 
‘‘(6) the term ‘international design application’ means an 
application for international registration; and 
‘‘(7) the term ‘international registration’ means the inter-
national registration of an industrial design filed under the 
treaty. 
‘‘(b) RULE
OF CONSTRUCTION.—Terms and expressions 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 establishment in the United 
States, may file an international design application by submitting 
to the Patent and Trademark Office an application in such form, 
together with such fees, as may be prescribed by the Director. 
‘‘(b) REQUIRED ACTION.—The Patent and Trademark Office shall 
perform all acts connected with the discharge of its duties under 
the treaty, including the collection of international fees and trans-
mittal 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 payment 
of a transmittal fee. 
‘‘(c) APPLICABILITY OF CHAPTER 16.—Except as otherwise pro-
vided in this chapter, the provisions of chapter 16 shall apply. 
‘‘(d) APPLICATION FILED
IN ANOTHER COUNTRY.—An inter-
national 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 inter-
national design application 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 Contracting Parties; 
‘‘(3) data concerning the applicant as prescribed in the 
treaty and the Regulations; 
35 USC 383. 
Fees. 
35 USC 382. 
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126 STAT. 1529 
PUBLIC LAW 112–211—DEC. 18, 2012 
‘‘(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 international design applica-
tion, presented in the number and manner prescribed in the 
treaty and the Regulations; 
‘‘(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 prescribed in the treaty and the Regula-
tions; 
‘‘(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 filing date 
of an international design application in the United States shall 
be the effective registration date. Notwithstanding the provisions 
of this part, any international design application designating the 
United States that otherwise meets the requirements of chapter 
16 may be treated 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 determine that the filing date 
of the international design application in the United States is 
a date other than the effective registration date. The Director 
may establish procedures, 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 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 Trademark 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 inter-
national design application designating the United States shall 
be entitled to the right of priority based on a prior foreign applica-
tion, a prior international application as defined in section 351(c) 
designating 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. 
‘‘(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 application as defined in section 351(c) designating 
35 USC 386. 
35 USC 385. 
35 USC 384. 
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126 STAT. 1530 
PUBLIC LAW 112–211—DEC. 18, 2012 
the United States, or a prior international design application desig-
nating the United States, and a national application shall be enti-
tled to the benefit of the filing date of a prior international 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 
application which designated but did not originate in the United 
States, the Director may require the filing in the Patent and Trade-
mark Office of a certified copy of such application 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, including a requirement for payment of 
the fee specified in section 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 withdrawn, 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, cancella-
tion, 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 applica-
tion designating the United States, filed before the date of such 
withdrawal, renunciation, cancellation, or abandonment. However, 
such withdrawn, renounced, canceled, or abandoned international 
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. 
‘‘§ 389. Examination of international design application 
‘‘(a) IN GENERAL.—The Director shall cause an examination 
to be made pursuant to this title of an international design applica-
tion designating the United States. 
‘‘(b) APPLICABILITY OF CHAPTER 16.—All questions of substance 
and, unless otherwise required by the treaty and Regulations, proce-
dures regarding an international design application designating 
the United States shall be determined as in the case of applications 
filed under chapter 16. 
‘‘(c) FEES.—The Director may prescribe fees for filing inter-
national design applications, for designating the United States, 
and for any other processing, services, or materials relating to 
35 USC 389. 
35 USC 388. 
35 USC 387. 
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126 STAT. 1531 
PUBLIC LAW 112–211—DEC. 18, 2012 
international design applications, and may provide for later pay-
ment of such fees, including surcharges for later submission of 
fees. 
‘‘(d) ISSUANCE OF PATENT.—The Director may issue a patent 
based on an international design application designating the United 
States, in accordance with the provisions of this title. Such patent 
shall have the force and effect of a patent issued on an application 
filed under chapter 16. 
‘‘§ 390. Publication of international design application 
‘‘The publication under the treaty of an international design 
application designating the United States shall be deemed a publica-
tion under section 122(b).’’. 
(b) CONFORMING AMENDMENT.—The table of parts at the begin-
ning of title 35, United States Code, is amended by adding at 
the end the following: 
‘‘V. The Hague Agreement concerning international registration of industrial 
designs ......................................................................................................
401’’. 
SEC. 102. CONFORMING AMENDMENTS. 
Title 35, United States Code, is amended— 
(1) in section 100(i)(1)(B) (as amended by the Leahy-Smith 
America Invents Act (Public Law 112–29; 125 Stat. 284)), by 
striking ‘‘right of priority under section 119, 365(a), or 365(b) 
or to the benefit of an earlier filing date under section 120, 
121, or 365(c)’’ and inserting ‘‘right of priority under section 
119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an 
earlier filing date under section 120, 121, 365(c), or 386(c)’’; 
(2) in section 102(d)(2) (as amended by the Leahy-Smith 
America Invents Act (Public Law 112–29; 125 Stat. 284)), by 
striking ‘‘to claim a right of priority under section 119, 365(a), 
or 365(b), or to claim the benefit of an earlier filing date 
under section 120, 121, or 365(c)’’ and inserting ‘‘to claim a 
right of priority under section 119, 365(a), 365(b), 386(a), or 
386(b), or to claim the benefit of an earlier filing date under 
section 120, 121, 365(c), or 386(c)’’; 
(3) in section 111(b)(7)— 
(A) by striking ‘‘section 119 or 365(a)’’ and inserting 
‘‘section 119, 365(a), or 386(a)’’; and 
(B) by striking ‘‘section 120, 121, or 365(c)’’ and 
inserting ‘‘section 120, 121, 365(c), or 386(c)’’; 
(4) in section 115(g)(1) (as amended by the Leahy-Smith 
America Invents Act (Public Law 112–29; 125 Stat. 284)), by 
striking ‘‘section 120, 121, or 365(c)’’ and inserting ‘‘section 
120, 121, 365(c), or 386(c)’’; 
(5) in section 120, in the first sentence, by striking ‘‘section 
363’’ and inserting ‘‘section 363 or 385’’; 
(6) in section 154— 
(A) in subsection (a)— 
(i) in paragraph (2), by striking ‘‘section 120, 121, 
or 365(c)’’ and inserting ‘‘section 120, 121, 365(c), or 
386(c)’’; and 
(ii) in paragraph (3), by striking ‘‘section 119, 
365(a), or 365(b)’’ and inserting ‘‘section 119, 365(a), 
365(b), 386(a), or 386(b)’’; and 
(B) in subsection (d)(1), by inserting ‘‘or an inter-
national design application filed under the treaty defined 
35 USC 390. 
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126 STAT. 1532 
PUBLIC LAW 112–211—DEC. 18, 2012 
in section 381(a)(1) designating the United States under 
Article 5 of such treaty’’ after ‘‘Article 21(2)(a) of such 
treaty’’; 
(7) in section 173, by striking ‘‘fourteen years’’ and inserting 
‘‘15 years’’; 
(8) in section 365(c)— 
(A) in the first sentence, by striking ‘‘or a prior inter-
national application designating the United States’’ and 
inserting ‘‘, a prior international application designating 
the United States, or a prior international design applica-
tion as defined in section 381(a)(6) designating the United 
States’’; and 
(B) in the second sentence, by inserting ‘‘or a prior 
international design application as defined in section 
381(a)(6) which designated but did not originate in the 
United States’’ after ‘‘did not originate in the United 
States’’; and 
(9) in section 366— 
(A) in the first sentence, by striking ‘‘unless 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 designating the 
United States, or a claim for benefit under section 386(c) 
was made in an international design application desig-
nating the United States, filed before the date of such 
withdrawal.’’; and 
(B) by striking the second sentence and inserting the 
following: ‘‘However, such withdrawn international applica-
tion 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— 
(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 applica-
tions 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 design application’’ 
have the meanings given those terms in section 381 of title 
35, United States Code, as added by this title; 
35 USC 100 note. 
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126 STAT. 1533 
PUBLIC LAW 112–211—DEC. 18, 2012 
(2) the term ‘‘international application’’ has the meaning 
given that term in section 351(c) of title 35, United States 
Code; and 
(3) the term ‘‘national application’’ means ‘‘national applica-
tion’’ 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 applica-
tion shall be accompanied by the fee required by law. The 
fee, oath or declaration, and 1 or more claims may be submitted 
after the filing date of the application, within such period 
and under such conditions, including the payment of a sur-
charge, 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 application shall 
be the date on which a specification, 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 accompanied 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, including the payment of a surcharge, as may be 
prescribed 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 provisional applica-
tion shall be the date on which a specification, 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 prescribe the conditions, 
including the payment of a surcharge, under which a reference 
made upon the filing of an application under subsection (a) to 
a previously filed application, specifying the previously filed applica-
tion by application number and the intellectual property authority 
or country in which the application was filed, shall constitute the 
specification and any drawings of the subsequent 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 Director. 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 regarded 
Records. 
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126 STAT. 1534 
PUBLIC LAW 112–211—DEC. 18, 2012 
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 drawings of the 
previously filed application are submitted to the Director.’’. 
(b) RELIEF IN RESPECT OF TIME LIMITS AND REINSTATEMENT 
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 reexamina-
tion proceedings 
‘‘The Director may establish procedures, including the require-
ment for payment of the fee specified in section 41(a)(7), to revive 
an unintentionally abandoned application for patent, accept an 
unintentionally delayed payment of the fee for issuing each patent, 
or accept an unintentionally delayed response by the patent owner 
in a reexamination proceeding, upon petition by the applicant for 
patent 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 following: 
‘‘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 following: ‘‘The 
Director may prescribe regulations, including the 
requirement for payment 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 addi-
tional 2 months if the delay in filing the application 
in this country within the 12-month period was 
unintentional.’’; and 
(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), 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 under section 
111(a) or section 363 within the 12-month period 
was unintentional.’’; 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 
35 USC 27. 
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126 STAT. 1535 
PUBLIC LAW 112–211—DEC. 18, 2012 
section 363 in a Receiving Office other than the Patent 
and Trademark Office, the 12-month and additional 
2-month period set forth in this subsection 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 require-
ment for payment of the fee specified in section 41(a)(7), to 
accept an unintentionally 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 adding at the 
end the following: ‘‘The Patent and Trademark Office shall 
maintain a register of interests in patents and applications 
for patents and shall record any document related thereto upon 
request, and may require a fee therefor.’’; and 
(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) APPLICA-
BILITY OF THIS TITLE.—The provisions’’; 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 specification as prescribed 
by section 112 and any required drawings are filed.’’. 
(b) RELIEF IN RESPECT OF TIME LIMITS AND REINSTATEMENT 
OF RIGHT.—Title 35, United States Code, is amended— 
(1) in section 41— 
(A) in subsection (a), by striking paragraph (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 pay-
ment of the fee for 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 priority 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 circumstances 
as determined by the Director’’; and 
(B) in subsection (c), by striking paragraph (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 
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126 STAT. 1536 
PUBLIC LAW 112–211—DEC. 18, 2012 
require the payment of the fee specified in subsection (a)(7) 
as a condition of accepting payment of any maintenance fee 
after the 6-month grace period. If the Director accepts payment 
of a maintenance fee after the 6-month grace period, the patent 
shall be considered 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’’ and inserting ‘‘including 
the requirement for payment 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: 
‘‘(c) International applications filed in the Patent and Trade-
mark 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 unavoidable’’. 
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 
(B) any application for patent that is pending on or 
filed after the effective date set forth in paragraph (1). 
(b) EXCEPTIONS.— 
Applicability. 
35 USC 27 note. 
Notice. 
Fees. 
Deadline. 
35 USC 151. 
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126 STAT. 1537 
PUBLIC LAW 112–211—DEC. 18, 2012 
LEGISLATIVE HISTORY—S. 3486: 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
Sept. 21, considered and passed Senate. 
Dec. 5, considered and passed House. 
(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 amendments made by 
this title shall have no effect with respect to any patent that 
is the subject of litigation in an action commenced before the 
effective date set forth in subsection (a)(1). 
Approved December 18, 2012. 
Applicability. 
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