Sponsor: KASTENMEIER, Robert William (D-WI)
Description: TO SUSPEND THE RULES AND PASS S. 24, IMPLEMENTING A PATENT COOPERATION TREATY.
Bill summary: Provides for the implementation of specified provisions of the Patent Cooperation Treaty. Provides that the Patent Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States, and may also act: (1) as a Receiving Office for international applications; and (2) as an International Searching Authority with respect to international applications.
States that a national application shall be entitled to the right of priority based on a
prior filed international application which designated at least one country other than the United States. Sets forth the order of priorities as between other applications. Specifies the procedure for withdrawal of international applications and for review of actions of other authorities.
Provides that the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country, whether or not the United States is designated in that international application.
Enumerates the items to be filed by the applicant in the Patent Office for commencement of the national stage of processing. States that all questions of substance and procedure in an international application designating the United States shall be determined as in the case of national applications regularly filed in the Patent Office.
Provides that the publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication.
Specifies the fees required and permitted to be charged by the Patent Office. Provides for the allocation of funds appropriated to the Patent Office, to the Department of State for the purpose of payment of the share on the part of the United States to the working capital fund established under the Patent Cooperation Treaty.
Makes conforming amendments to the patent provisions of the United States Code relating to: (1) conditions for patentability; novelty and loss of right to patent; (2) in inventions made abroad; (3) specification of the invention; (4) drawings; benefits of earlier filing dates in the U.S.; and (5) presumption of validity; defenses.
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Bill titles: A bill to carry into effect certain provisions of the Patent Cooperation Treaty, and for other purposes.
Original source documents: Digest of the Congressional Record vol. 121-161, p. H10564;
Links for more info on the vote: congress.gov