An Act to provide relief in patent and trademark cases affected by the emergency situation in the United States Postal Service which began March 18, 1970
PL 92-34 (S.645), enacted 06/30/1971

85 STAT. ] 
PUBLIC LAW 92-34-JUNE 30, 1971 
87 
Public Law 92-34 
AN ACT 
June 30, 1971 
To provide relief in patent and trademark cases affected by the emergency situ- 
[s. 645] 
ation in the United States Postal Service which began on March 18,1970. 
Patent and 
trademark cases« 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. (a) A patent or trademark application shall be con- Relief. 
sidered as having been filed in the United States Patent Office on the 
date that it would have been received by the Patent Office except for 
the delay caused by the emergency situation affecting the postal 
service which began on March 18,1970, and ended on or about March 
30,1970, if a claim is made for the benefit of an earlier date in accord-
ance with subsections (b) and (c) of this section. Patents issued 
with earlier filing dates afforded by this section shall not be effective 
as prior art under subsection 102(e) of title 35 of the United States 
Code as of such earlier filing dates. 
^ ^*^*' ^^^' 
(b) No patent or trademark application, patent, or trademark reg- da^eTverifiialfon 
istration shall be entitled to an earlier filing date under this section state'ment. 
unless a verified statement by the applicant or owner of record claini-
ing the filing date to which the application is believed to be entitled is 
filed in the Patent Office within six months after enactment of this 
Act. Such statement shall be maintained in the file of the application 
in the Patent Office and shall be referred to in the patent or trademark 
registration when practicable. 
(c) When a statement filed under subsection (b) of this section .ir'^il^lnre"^ 
appears unreasonable or defective on its face, or when the hhng date oi 
the patent or trademark application, patent^ or trademark registra-
tion is called into question or is material in any inter partes proceeding 
in the Patent Office or any proceeding in the courts, the applicant or 
owner of such application, patent, or trademark registration may be 
required to present evidence establishing the filing date to which the 
application is entitled. The filing date to which the application is 
entitled shall be determined on the basis of such evidence and any 
evidence introduced by an opposing party. The evidence shall be 
presented as directed by the Commissioner of Patents in proceedings 
m the Patent Office or as directed by the courts in proceedings in the 
courts. 
SEC. 2. (a) Except for the filing of a patent or trademark applica- ac^ionT^reiL^f! "^ 
tion, if any action is taken or any fee is paid in the United States 
Patent Office later than the end of a time period specified in the 
statutes set forth in subsection (b) of this section for taking such 
action or paying such fee, and no provision exists in law for excusing 
such delay, the delay may be excused if it is determined that it was 
caused by the emergency situation affecting postal service which began 
on March 18,1970 and ended on or about March 30,1970. Relief under 
Re^^^^t ^^t^-
this section must be requested by a verified statement filed in the Patent 
Office by the patent or trademark applicant or owner within six months 
after enactment of this Act. 
(b) This section is applicable to title 35, United States Code, "Pat- Applicability. 
ents'^; the Trademark Act of 1946, ch. 540, 60 Stat. 427, as amended; 
^s use losi-
the Atomic Energy Act of 1954, Pub. L. 83-703, 68 Stat. 919, as aJJ^nt^y 2451 
amended; and the National Aeronautics and Space Act, Pub. L. "ot^. 
85-568,72 Stat. 426 (1958), as amended. In cases involving the Atomic 
Energy Act of 1954 or the National Aeronautics and Space Act, deter-
minations of relief shall be made by a Board of Patent Interfer-
88 
Regulations. 
PUBLIC LAW 92-35-JUNE 30, 1971 
[85 STAT. 
ences. In other cases determinations shall be made by the Commissioner 
of Patents. 
SEC. 3. The Commissioner of Patents may establish regulations for 
administering this Act. 
Approved June 30, 1971. 
June 30, 1971 
[H. J. Res. 744] 
Public Law 92-35 
JOINT RESOLUTION 
Making an appropriation for the fiscal year 1972 for the Department 
of Agriculture, and for other purposes. 
De artment o
f 
Rcsolved 
hy the Senate 
and House of Representatives 
of the 
Agriculture. 
United States of America in Congress assemhled^ That the following 
Appropriation, 
gyj^ jg appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending June 30, 1972, namely: 
DEPAETMENT OF AGKICULTURE 
FOOD AND NUTRITION SERVICE 
Post, p. 199. 
CHILD NUTRITION PROGRAMS 
For the summer programs of the nonschool feeding program for 
children, as provided for in H.R. 9270, Ninety-second Congress (as 
passed by the House of Representatives), to be immediately avail-
able, $17,000,000. 
Approved June 30, 1971. 
June 30, 1971 
[H. R. 1729] 
Public Law 92-36 
AN ACT 
Giving the consent of Congress to the addition of land to the State of Texas, 
and ceding jurisdiction to the State of Texas over a certain parcel or tract of 
land heretofore acquired by the United States of America fro^i the United 
Mexican States. 
Texas. 
Land addition 
and jurisdiction. 
15 UST 21. 
Effective date. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the parcel or 
tract of land lying adjacent to the territory of the State of Texas, 
which was acquired by the United States of America by virtue of the 
Convention Between the United States of America and the United 
Mexican States for the Solution of the Problem of the Chamizal, signed 
August 29,1963, is declared to have become a geographical part of the 
State of Texas and shall be under the civil and criminal jurisdiction of 
said State, without affecting the ownership of said land. 
SEC. 2. The addition of land and the ceding of jurisdiction to the 
State of Texas shall take effect upon acceptance by the State of 
Texas. 
Approved June 30, 1971.