Patent Law Amendments of 1984
PL 98-622 (H.R.6286), enacted 11/08/1984

PUBLIC LAW 98-622—NOV. 8, 1984 
98 STAT. 3383 
Public Law 98-622 
98th Congress 
An Act 
To amend title 35, United States Code, to increase the effectiveness of the patent 
Nov. 8, 1984 
laws, and for other purposes. 
[H.R. 6286] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
Patent Law 
Amendments 
SHORT TITLE 
sk'usJfnote. 
SECTION 1. This Act may be cited as the "Patent Law Amend-
ments Act of 1984". 
TITLE I—PATENT IMPROVEMENT PROVISIONS 
USE OF PATENTED INVENTIONS OUTSIDE THE UNITED STATES 
SEC. 101. (a) Section 271 of title 35, United States Code, is amended 
Ante, p. 1603. 
by adding at the end thereof the following new subsection: 
"(f)(1) Whoever without authority supplies or causes to be supplied 
in or from the United States all or a substantial portion of the 
components of a patented invention, where such components are 
uncombined in whole or in part, in such manner as to actively 
induce the combination of such components outside of the United 
States in a manner that would infringe the patent if such com-
bination occurred within the United States, shall be liable as an 
infringer. 
"(2) Whoever without authority supplies or causes to be supplied 
in or from the United States any component of a patented invention 
that is especially made or especially adapted for use in the invention 
and not a staple article or commodity of commerce suitable for 
substantial noninfringing use, where such component is uncombined 
in whole or in part, knowing that such component is so made or 
adapted and intending that such component will be combined out-
side of the United States in a manner that would infringe the patent 
if such combination occurred within the United States, shall be 
liable as an infringer.". 
STATUTORY INVENTION REGISTRATION 
SEC. 102. (a) Chapter 14 of title 35, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 157. Statutory invention registration 
35 use 157. 
"(a) Notwithstanding any other provision of this title, the Com-
missioner is authorized to publish a statutory invention registration 
containing the specification and drawings of a regularly filed appli-
cation for a patent without examination if the applicant— 
"(1) meets the requirements of section 112 of this title; 
"(2) has complied with the requirements for printing, as set 
forth in regulations of the Commissioner; 
98 STAT. 3384 
PUBLIC LAW 98-622—NOV. 8, 1984 
Public 
availability. 
Regulations. 
Report. 
Effective date. 
35 u s e 157 note. 
"(3) waives the right to receive a patent on the invention 
within such period as may be prescribed by the Commissioner; 
and 
"(4) pays appHcation, publication, and other processing fees 
established by the Commissioner. 
If an interference is declared with respect to such an application, a 
statutory invention registration may not be published unless the 
issue of priority of invention is finally determined in favor of the 
applicant. 
'(b) The waiver under subsection (aX3) of this section by an 
applicant shall take effect upon publication of the statutory inven-
tion registration. 
"(c) A statutory invention registration published pursuant to this 
section shall have all of the attributes specified for patents in this 
title except those specified in section 183 and sections 271 through 
289 of this title. A statutory invention registration shall not have 
any of the attributes specified for patents in any other provision of 
law other than this title. A statutory invention registration pub-
lished pursuant to this section shall give appropriate notice to the 
public, pursuant to regulations which the Commissioner shall issue, 
of the preceding provisions of this subsection. The invention with 
respect to which a statutory invention certificate is published is not 
a patented invention for purposes of section 292 of this title. 
"(d) The Secretary of Commerce shall report to the Congress 
annually on the use of statutory invention registrations. Such report 
shall include an assessment of the degree to which agencies of the 
Federal Government are making use of the statutory invention regis-
tration system, the degree to which it aids the management of 
federally developed technology, and an assessment of the cost sav-
ings to the Federal Government of the use of such procedures.". 
(b) The table of sections at the beginning of chapter 14 of title 35, 
United States Code, is amended by adding at the end thereof the 
following: 
"157. Statutory invention registration.". 
(c) The amendments made by this section shall take effect six 
months after the date of the enactment of this Act. 
PRIOR ART 
SEC. 103. Section 103 of title 35, United States Code, is amended by 
adding at the end thereof the following: 
"Subject matter developed by another person, which qualifies as 
prior art only under subsection (f) or (g) of section 102 of this title, 
shall not preclude patentability under this section where the subject 
matter and the claimed invention were, at the time the invention 
was made, owned by the same person or subject to an obligation of 
assignment to the same person.'. 
JOINT INVENTORS 
SEC. 104. (a) Section 116 of title 35, United States Code, is amended 
by amending the first paragraph to read as follows: 
"When an invention is made by two or more persons jointly, they 
shall apply for patent jointly and each make the required oath, 
except as otherwise provided in this title. Inventors may apply for a 
patent jointly even though (1) they did not physically work together 
or at the same time, (2) each did not make the same type or amount 
PUBLIC LAW 98-622-NOV. 8, 1984 
98 STAT. 3385 
of contribution, or (3) each did not make a contribution to the 
subject matter of every claim of the patent.". 
(b) Section 120 of title 35, United States Code, is amended by 
striking out "by the same inventor" and inserting in lieu thereof 
"which is filed by an inventor or inventors named in the previously 
filed application". 
ARBITRATION OF INTERFERENCES 
SEC. 105. Section 135 of title 35, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(d) Parties to a patent interference, within such time as may be 
specified by the Commissioner by regulation, may determine such 
contest or any aspect thereof by arbitration. Such arbitration shall 
be governed by the provisions of title 9 to the extent such title is not 
9 use l et seq. 
inconsistent with this section. The parties shall give notice of any 
arbitration award to the Commissioner, and such award shall, as 
between the parties to the arbitration, be dispositive of the issues to 
which it relates. The arbitration award shall be unenforceable until 
such notice is given. Nothing in this subsection shall preclude the 
Commissioner from determining patentability of the invention in-
volved in the interference.". 
EFFECTIVE DATE 
SEC. 106. (a) Subject to subsections (b), (c), (d), and (e) of this 
35 use 103 note. 
section, the amendments made by this Act shall apply to all United 
States patents granted before, on, or after the date of enactment of 
this Act, and to all applications for United States patents pending 
on or filed after the date of enactment. 
(b) The amendments made by this Act shall not affect any final 
decision made by the court or the Patent and Trademark Office 
before the date of enactment of this Act with respect to a patent or 
application for patent, if no appeal from such decision is pending 
and the time for filing an appeal has expired. 
(c) Section 271(f) of title 35, United States Code, added by section 
101 of this Act shall apply only to the supplying, or causing to be 
supplied, of any component or components of a patented invention 
after the date of enactment of this Act. 
(d) No United States patent granted before the date of enactment 
eiaims. 
of this Act shall abridge or affect the right of any person or his 
successors in business who made, purchased, or used prior to such 
effective date anything protected by the patent, to continue the use 
of, or to sell to others to be used or sold, the specific thing so made, 
purchased, or used, if the patent claims were invalid or otherwise 
unenforceable on a ground obviated by section 103 or 104 of this Act 
and the person made, purchased, or used the specific thing in 
reasonable reliance on such invalidity or unenforceability. If a 
person reasonably relied on such invalidity or unenforceability, the 
court before which such matter is in question may provide for the 
continued manufacture, use, or sale of the thing made, purchased, or 
used as specified, or for the manufacture, use, or sale of which 
substantial preparation was made before the date of enactment of 
this Act, and it may also provide for the continued practice of any 
process practiced, or for the practice of which substantial prepara-
tion was made, prior to the date of enactment, to the extent and 
under such terms as the court deems equitable for the protection of 
98 STAT. 3386 
PUBLIC LAW 98-622—NOV. 8, 1984 
investments made or business commenced before the date of 
enactment. 
Prohibition. 
(e) The amendments made by this Act shall not affect the right of 
any party in any case pending in court on the date of enactment to 
have their rights determined on the basis of the substantive law in 
effect prior to the date of enactment. 
TITLE II—PATENT AND TRADEMARK OFFICE PROCEDURES 
Infra. 
5 use 5332. 
BOARD 
OF 
PATENT 
APPEALS 
AND 
INTERFERENCES 
SEC. 20L (a) Section 7 of title 35, United States Code, is amended 
to read as follows: 
"§ 7. Board of Patent Appeals and Interferences 
"(a) The examiners-in-chief shall be persons of competent legal 
knowledge and scientific ability, who shall be appointed to the 
competitive service. The Commissioner, the Deputy Commissioner, 
the Assistant Commissioners, and the examiners-in-chief shall con-
stitute the Board of Patent Appeals and Interferences. 
"(b) The Board of Patent Appeals and Interferences shall, on 
written appeal of an applicant, review adverse decisions of exam-
iners upon applications for patents and shall determine priority and 
patentability of invention in interferences declared under section 
135(a) of this title. Each appeal and interference shall be heard by at 
least three members of the Board of Patent Appeals and Interfer-
ences, who shall be designated by the Commissioner. Only the Board 
of Patent Appeals and Interferences has the authority to grant 
rehearings. 
"(c) Whenever the Commissioner considers it necessary, in order 
to keep current the work of the Board of Patent Appeals and 
Interferences, the Commissioner may designate any patent exam-
iner of the primary examiner grade or higher, having the requisite 
ability, to serve as examiner-in-chief for periods not exceeding six 
months each. An examiner so designated shall be qualified to act as 
a member of the Board of Patent Appeals and Interferences. Not 
more than one of the members of the Board of Patent Appeals and 
Interferences hearing an appeal or determining an interference may 
be an examiner so designated. The Secretary of Commerce is author-
ized to fix the pay of each designated examiner-in-chief in the 
Patent and Trademark Office at not to exceed the maximum rate of 
basic pay payable for grade GS-16 of the General Schedule under 
section 5332 of title 5. The rate of basic pay of each individual 
designated examiner-in-chief shall be adjusted, at the close of the 
period for which that individual was designated to act as examiner-
in-chief, to the rate of basic pay which that individual would have 
been receiving at the close of such period if such designation had not 
been made.". 
(b) The item relating to section 7 in the table of sections at the 
beginning of chapter 1 of title 35, United States Code, is amended by 
striking out "Appeals" and inserting in lieu thereof "Patent Ap-
peals and Interferences". 
Claims. 
INTERFERENCES 
SEC. 202. Section 135(a) of title 35, United States Code, is amended 
to read as follows: 
PUBLIC LAW 98-622—NOV. 8, 1984 
98 STAT. 3387 
"(a) Whenever an application is made for a patent which, in the 
opinion of the Commissioner, would interfere with any pending 
application, or with any unexpired patent, an interference may be 
declared and the Commissioner shall give notice of such declaration 
to the applicants, or applicant and patentee, as the case may be. The 
Board of Patent Appeals and Interferences shall determine ques-
tions of priority of the inventions and may determine questions of 
patentability. Any final decision, if adverse to the claim of an 
applicant, shall constitute the final refusal by the Patent and 
Trademark Office of the claims involved, and the Commissioner 
may issue a patent to the applicant who is adjudged the prior 
inventor. A final judgment adverse to a patentee from which no 
appeal or other review has been or can be taken or had shall 
constitute cancellation of the claims involved in the patent, and 
notice of such cancellation shall be endorsed on copies of the patent 
distributed after such cancellation by the Patent and Trademark 
Office.". 
APPEALS AND CIVIL ACTIONS 
SEC. 203. (a) Section 141 of title 35, United States Code, is 
amended— 
(1) in the first sentence— 
(A) by striking out "of the Board of Patent Appeals may 
appeal" and inserting in lieu thereof "in an appeal to the 
Board of Patent Appeals and Interferences under section 
134 of this title may appeal the decision"; and 
(B) by striking out ", thereby waiving his right" and 
inserting in lieu thereof ". By filing such an appeal the 
applicant waives his or her right"; 
(2) in the second sentence— 
(A) by striking out "board of patent interferences on Lie 
question of priority may appeal" and inserting in lieu 
thereof "Board of Patent Appeals and Interferences on the 
interference may appeal the decision"; 
(B) by striking out "according to" and inserting in lieu 
thereof "in accordance with"; and 
(C) by striking out "he" and inserting in lieu thereof "the 
party"; and 
(3) by amending the last sentence to read as follows: 
"If the appellant does not, within thirty days after the filing of such 
notice by the adverse party, file a civil action under section 146, the 
decision appealed from shall govern the further proceedings in the 
case.". 
(b) Section 145 of title 35, United States Code, is amended— 
(1) in the first sentence by striking out "Appeals may" and 
inserting in lieu thereof "Patent Appeals and Interferences in 
an appeal under section 134 of this title may,"; and 
(2) in the second sentence by striking out "Appeals" and 
inserting in lieu thereof "Patent Appeals and Interferences". 
(c) Section 146 of title 35, United States Code, is amended by 
striking out "board of patent interferences on the question of pri-
ority" and inserting in lieu thereof "Board of Patent Appeals and 
Interferences on the interference". 
98 STAT. 3388 
PUBLIC LAW 98-622—NOV. 8, 1984 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 204. (a) Section 41(aX6) of title 35, United States Code, is 
amended— 
(1) by striking out "Appeals" each place it appears and insert-
ing in lieu thereof "Patent Appeals and Interferences"; and 
(2) by inserting "in the appeal" after "oral hearing". 
(b)(1) Section 134 of title 35, United States Code, is amended— 
(A) in the section caption by striking out "APPEALS" and 
inserting in lieu thereof "PATENT APPEALS AND INTERFERENCES"; 
and 
(B) by striking out "Appeals" and inserting in lieu thereof 
"Patent Appeals and Interferences". 
(2) The item relating to section 134 in the table of sections at the 
beginning of chapter 12 of title 35, United States Code, is amended 
by striking out "Appeals" and inserting in lieu thereof "Patent 
Appeals and Interferences". 
(c) Section 305 of title 35, United States Code, is amended by 
striking out "Appeals" and inserting in lieu thereof "Patent Ap-
peals and Interferences". 
AMENDMENTS TO OTHER PROVISIONS OF LAW 
SEC. 205. (a) Section 1295(aX4)(A) of title 28, United States Code, is 
amended by striking out "Appeals or the Board of Patent" and 
inserting in lieu thereof "Patent Appeals and". 
(b) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is 
amended in the third paragraph— 
(1) by striking out "a Board of Patent Interferences" and 
inserting in lieu thereof "the Board of Patent Appeals and 
Interferences"; and 
(2) by striking out "the Board of Patent Interferences" and 
inserting in lieu thereof "the Board of Patent Appeals and 
Interferences". 
(c)(1) Section 305(d) of the National Aeronautics and Space Act of 
1958 (42 U.S.C. 2457(d)) is amended— 
(A) by striking out "a Board of Patent Interferences" and 
inserting in lieu thereof "the Board of Patent Appeals and 
Interferences"; and 
(B) by striking out "the Board of Patent Interferences" and 
inserting in lieu thereof "the Board of Patent Appeals and 
Interferences". 
(2) Section 305(e) of the National Aeronautics and Space Act of 
1958 (42 U.S.C. 2457(e)) is amended by striking out "a Board of 
Patent Interferences" and inserting in lieu thereof "the Board 
of Patent Appeals and Interferences". 
SAVINGS PROVISION 
35 use 7 note. 
SEC. 206. Any individual who, on the effective date of this title, is 
an examiner-in-chief of the Board of Patent Appeals of the Patent 
and Trademark Office or an examiner of interferences of the Board 
of Patent Interferences of such office shall be entitled to continue in 
office as a member of the Board of Patent Appeals and Interferences 
of the Patent and Trademark Office as of such effective date. 
PUBLIC LAW 98-622-NOV. 8, 1984 
98 STAT. 3389 
EFFECTIVE DATE 
SEC. 207. Section 206 of this Act and the amendments made by 
35 use 7 note. 
this title shall take effect three months after the date of the 
enactment of this Act. 
TITLE III—NATIONAL COMMISSION ON INNOVATION AND 
PRODUCTIVITY 
ESTABLISHMENT 
SEC. 301. There is hereby established a National Commission on 
Innovation and Productivity (hereinafter in this title referred to as 
the "Commission"). 
MEMBERSHIP OF COMMISSION 
SEC. 302. (a) The Commission shall be composed of^ 
(1) three Members of the Senate appointed by the President of 
the Senate; 
(2) three Members of the House of Representatives appointed 
by the Speaker of the House of Representatives; and 
(3) three members appointed by the President of the United 
States, one of whom the President shall designate as Chairman. 
Of the members appointed by the President, one member should be 
an appropriate officer or employee of the United States, one member 
should be an employer who employs inventors, and one member 
should be an employed inventor. 
(b) At no time shall more than two of the members appointed 
under paragraph (1), (2), or (3) of subsection (a) be persons who are 
members of the same political party. 
(c) Any vacancy in the Commission shall not affect its powers but 
shall be filled in the same manner in which the original appoint-
ment was made, and subject to the limitation set forth in subsection 
(b) with respect to the original appointment. 
(d) Six members of the Commission shall constitute a quorum, but 
a lesser number may conduct hearings. 
DUTIES OF THE COMMISSION 
SEC. 303. The Commission shall make a full and complete review 
study. 
and study of the level of innovation and productivity of employed 
inventors. Such study shall include an analysis of the various 
methods available to inspire or stimulate individual and corporate 
innovation and productivity, including an assessment of the tech-
niques used in other countries to achieve this objective. Such study 
may include an assessment of those aspects of other areas of intel-
lectual property law that inspire or stimulate such innovation and 
productivity. The Commission shall make recommendations for such 
revisions of the laws of the United States, including the repeal of 
unnecessary or undesirable statutes, and such other changes as the 
Commission considers will better foster innovation and productivity. 
COMPENSATION OF MEMBERS OF THE COMMISSION 
SEC. 304. (a) A member of the Commission who is a Member of 
Congress or a full-time officer or employee of the United States shall 
98 STAT. 3390 
PUBLIC LAW 98-622—NOV. 8, 1984 
receive no additional compensation by reason of his or her service 
on the Commission. 
(b) Subject to amounts provided in advance in appropriations Acts, 
a member of the Commission from private Ufe shall receive the daily 
equivalent of the annual rate of basic pay payable for level III of the 
5 use 5314. 
Executive Schedule for each day (including traveltime) during which 
such member is engaged in the actual performance of duties vested 
in the Commission, plus reimbursement for travel, subsistence, and 
other necessary expenses incurred in the performance of such 
duties, in accordance with subchapter I of chapter 57 of title 5, 
5 use 5701. 
United States Code. 
DIRECTOR AND STAFF 
SEC. 305. (a) The Commission shall have a Director who shall be 
appointed by the Commission and who shall be paid at a rate not to 
exceed the rate of basic pay payable for level IV of the Executive 
5 use 5315. 
Schedule. The Director, subject to the direction of the Commission, 
shall supervise the activities of persons employed by the Commis-
sion and the preparation of the reports of the Commission and shall 
perform such other duties as may be assigned to the Director by the 
Commission. 
(b) The Commission may appoint and fix the pay of such addi-
tional personnel as it considers appropriate. 
(c) The staff of the Commission may be appointed without regard 
to the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and may be paid without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 of such 
5 use 5101 et 
title relating to classification and General Schedule pay rates, 
seq., 5331. 
except that no individual so appointed may receive pay in excess of 
the maximum annual rate of basic pay payable for GS-16 of the 
5 use 5332. 
General Schedule. 
(d) The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code. 
GOVERNMENT 
AGENCY 
COOPERATION 
SEC. 306. The Commission is authorized to request from any 
department, agency, or independent instrumentality of the Govern-
ment any information and assistance it considers necessary to carry 
out its functions under this title. Each such department, agency, and 
instrumentality is authorized to cooperate with the Commission 
and, to the extent permitted by law, to furnish such information and 
assistance to the Commission. 
REPORT OF THE COMMISSION; TERMINATION 
SEC. 307. The Commission shall submit interim reports on its 
activities to the President and the Congress at such times as the 
Commission considers appropriate, except that at least one such 
report shall be so submitted within one year after the date of the 
enactment of this Act. The Commission shall submit its final report 
on its activities to the President and the Congress within two years 
after such date of enactment. The Commission shall cease to exist 
sixty days after the date of the submission of its final report. 
PUBLIC LAW 98-622—NOV. 8, 1984 
98 STAT. 3391 
ADMINISTRATIVE SERVICES 
SEC. 308. The General Services Administration shall provide ad-
ministrative services for the Commission on a reimbursable basis. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 309. There is authorized to be appropriated $250,000 to carry 
out this title. 
EFFECTIVE DATE 
SEC. 310. This title shall take effect on January 21,1985. 
TITLE IV—MISCELLANEOUS PROVISIONS 
INTERNATIONAL STAGE 
SEC. 401. (a) Section 361(d) of title 35, United States Code, is 
amended in the first sentence by inserting "or within one month 
after the date of such filing" after "application". 
Ot)) Section 366 of title 35, United States Code, is amended— 
(1) in the first sentence— 
(A) by inserting "after the date of withdrawal," after 
"effect'^ and 
(B) by inserting before the period the following: ", unless 
a claim for the benefit of a prior filing date under section 
365(c) of this part was made in a national application, or an 
international application designating the United States, 
filed before the date of such withdrawal"; and 
(2) in the second sentence by inserting "withdrawn" after 
"such". 
NATIONAL STAGE 
SEC. 402. (a) Section 371(a) of title 35, United States Code, is 
amended— 
(1) by striking out "is" and inserting in lieu thereof "may be"; 
and 
(2) by striking out ", except those filed in the Patent Office". 
(b) Section 3710t)) of title 35, United States Code, is amended to 
read as follows: 
"(b) Subject to subsection (f) of this section, the national stage 
shall commence with the expiration of the applicable time limit 
under article 22 (1) or (2) of the treaty.". 
28 UST 7645. 
(c) Section 371(cX2) of title 35, United States Code, is amended— 
(1) by striking out "received from" and inserting in lieu 
thereof "communicated by"; and 
(2) by striking out "verified" before "translation". 
(d) Section 371(d) of title 35, United States Code, is amended to 
read as follows: 
"(d) The requirements with respect to the national fee referred to 
in subsection (cXD, the translation referred to in subsection (cX2), 
and the oath or declaration referred to in subsection (cX4) of this 
section shall be complied with bv the date of the commencement of 
the national stage or by such later time as may be fixed by the 
Commissioner. The copy of the international application referred to 
in subsection (cX2) shall be submitted by the date of the commence-
ment of the national stage. Failure to comply with these require-
ments shall be regarded as abandonment of the application by the 
98 STAT. 3392 
PUBLIC LAW 98-622—NOV. 8, 1984 
parties thereof, unless it be shown to the satisfaction of the Commis-
sioner that such failure to comply was unavoidable. The payment of 
a surcharge may be required as a condition of accepting the national 
fee referred to in subsection (c)(1) or the oath or declaration referred 
to in subsection (c)(4) of this section if these requirements are not 
met by the date of the commencement of the national stage. The 
requirements of subsection (cX3) of this section shall be complied 
with by the date of the commencement of the national stage, and 
failure to do so shall be regarded as a cancellation of the amend-
ments to the claims in the international application made under 
28 UST 7645. 
article 19 of the treaty.". 
(e) Section 372(b) of title 35, United States Code, is amended— 
(1) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof "; and"; and 
(2) by adding at the end thereof the following: 
"(3) the Commissioner may require a verification of the trans-
lation of the international application or any other document 
pertaining to the application if the application or other docu-
ment was filed in a language other than English.". 
(f) Section 372 of title 35, United States Code, is amended by 
striking out subsection (c). 
(g) Section 376(a) of title 35, United States Code, is amended by 
striking out paragraph (5) and redesignating paragraph (6) as para-
graph (5). 
TECHNICAL AMENDMENTS 
35 use 351 et 
SEC. 403. (a) Title 35, United States Code, is amended by striking 
s^Q- 
out "Patent Office" each place it appears and inserting in lieu 
thereof "Patent and Trademark Office '. 
(b) The table of parts at the beginning of title 35, United States 
Code, is amended by adding at the end thereof the following: 
"IV. Patent Cooperation Treaty 
351". 
PATENT FEES 
35 use 41 note. 
SEC. 404. (a) Notwithstanding section 41 of title 35, United States 
Code, as in effect before the enactment of Public Law 97-247 (96 
Stat. 317), no fee shall be collected for maintaining a plant patent in 
force. 
(b) Notwithstanding section 41(c) of title 35, United States Code, as 
in effect before the enactment of Public Law 97-247 (96 Stat. 317), 
the Commissioner of Patents and Trademarks may accept, after the 
six-month grace period referred to in such section 41(c), the payment 
of any maintenance fee due on any patent based on an application 
filed in the Patent and Trademark Office on or after December 12, 
1980, and before August 27,1982, to the same extent as in the case of 
patents based on applications filed in the Patent and Trademark 
Office on or after August 27,1982. 
TRADEMARK TRIAL AND APPEAL BOARD 
SEC. 405. Section 3 of title 35, United States Code, is amended by 
adding at the end thereof the following: 
"(e) The members of the Trademark Trial and Appeal Board of the 
Patent and Trademark Office shall each be paid at a rate not to 
exceed the maximum rate of basic pay payable for GS-16 of the 
5 use 5332. 
General Schedule under section 5332 of title 5.". 
PUBLIC LAW 98-622—NOV. 8, 1984 
98 STAT. 3393 
EFFECTIVE DATE 
SEC. 406. (a) Section 404 of this Act and the amendments made by 
35 use 351 note, 
section 403 of this Act shall take effect on the date of the enactment 
of this Act. 
(b) The amendments made by sections 401,402, and 405 of this Act 
35 use 3 note, 
shall take effect six months after the date of the enactment of this 
Act. 
Approved November 8, 1984. 
LEGISLATIVE HISTORY—H.R. 6286: 
CONGRESSIONAL REGORD, Vol. 130 (1984): 
Oct. 1, considered and passed House. 
Oct. 11, considered and passed Senate, amended; House concurred in certain 
Senate amendments and in another with an amendment; Senate concurred 
in House amendment. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 45 (1984): 
Nov. 9, Presidential statement.