[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1854 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1854

To amend the provisions of title 35, United States Code, to provide for 
                         patent simplification.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 11 (legislative day, January 25), 1994

 Mr. DeConcini introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the provisions of title 35, United States Code, to provide for 
                         patent simplification.

    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 Term and Publication Reform 
Act of 1994''.

SEC. 2. PATENT SIMPLIFICATION.

    (a) Definition.--Section 100 of title 35, United States Code, is 
amended by adding at the end thereof the following:
    ``(e) The term `filing date' means the earliest of the actual 
filing date or any priority date claimed by the applicant under section 
119, 120, or 365.''.
    (b) Conditions for Patentability; Novelty and Loss of Right to 
Patent.--Section 102(e) of title 35, United States Code, is amended to 
read as follows:
    ``(e) the invention was described in--
            ``(1) a published patent application,
            ``(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
            ``(3) in an international application that--
                    ``(A) is filed by another before the invention 
                thereof by the applicant for patent, and
                    ``(B) enters the national stage under section 371, 
                or''.
    (c) Benefit of Earlier Filing Date; Right of Priority.--(1) Section 
119 of title 35, United States Code, is amended--
            (A) in the section heading by striking out ``in foreign 
        country'';
            (B) by designating the first, second, third, and fourth 
        undesignated paragraphs as subsections (a), (c), (d), and (e), 
        respectively; and
            (C) by inserting after subsection (a) (as designated by 
        subparagraph (B) of this paragraph) the following new 
        subsection:
    ``(b)(1) An application for patent for an invention described in 
paragraph (2) that is filed by an inventor named in the previously 
filed application described under paragraph (2), shall have the same 
effect, as to such invention, as if such application had been filed on 
the filing date of the previously filed application, if such 
application--
            ``(A) is filed within one year after the filing date of the 
        previously filed application (or earlier priority date); and
            ``(B)(i) contains a specific reference to the previously 
        filed application; or
            ``(ii) within three months after the actual filing date of 
        such application, is amended to contain--
                    ``(I) a specific reference to the previously filed 
                application; or
                    ``(II) such other item as the Commissioner may 
                prescribe.
    ``(2) An invention referred to under paragraph (1) is an invention 
that is disclosed--
            ``(A) in the specification as provided under section 112 in 
        an application filed in the United States before the 
        application described under paragraph (1) is filed; or
            ``(B) as provided under section 363.''.
    (2) The table of sections for chapter 11 of title 35, United States 
Code, is amended in the item relating to section 119 by striking out 
``in foreign country''.
    (d) Benefit of Earlier Filing Date in the United States.--Section 
120 of title 35, United States Code, is amended to read as follows:
``Sec. 120. Benefit of earlier filing date in the United States
    ``(a) An application for patent for an invention described under 
subsection (b) that is filed by an inventor named in the previously 
filed application described under subsection (b), shall have the same 
effect, as to such invention, as if such application had been filed on 
the filing date of the previously filed application, if such 
application--
            ``(1) is filed before the patenting, abandonment of, or 
        termination of proceedings on--
                    ``(A) the previously filed application; or
                    ``(B) an application similarly entitled to the 
                benefit of the filing date of the previously filed 
                application;
            ``(2) is not otherwise entitled to a priority right under 
        section 119(b); and
            ``(3)(A) contains a specific reference to the previously 
        filed application; or
            ``(B) within fifteen months after the actual filing date of 
        such application, is amended to contain--
                    ``(i) a specific reference to the previously filed 
                application; or
                    ``(ii) such other item as the Commissioner may 
                prescribe.
    ``(b) An invention referred to under subsection (a) is an invention 
that is disclosed--
            ``(1) in the specification as provided under section 112 in 
        an application filed in the United States before the 
        application described under subsection (a) is filed; or
            ``(2) as provided under section 363.''.
    (e) Opening of Patent Applications; Confidential Status.--(1) 
Section 122 of title 35, United States Code, is amended to read as 
follows:
``Sec. 122. Opening of patent applications; confidential status
    ``(a) Except as provided under subsection (b), applications for 
patents shall be kept in confidence by the Patent and Trademark Office 
and no information concerning such applications may be disclosed.
    ``(b) On and after the date occurring 18 months after the filing 
date of an application for patent (including all priority claims) each 
application for patent shall be open to public inspection and copies 
shall be made available to the public under such procedures as may be 
determined by the Commissioner, except--
            ``(1) an application may be made so available during such 
        18-month period if confidentiality is waived by the applicant; 
        and
            ``(2) an application may be maintained in secrecy under any 
        order under chapter 17.
    ``(c) The Commissioner shall publish each patent application 
promptly when open to public inspection under subsection (b).''.
    (2) The table of sections for chapter 11 of title 35, United States 
Code, is amended by amending the item relating to section 122 to read 
as follows:

``122. Opening of patent applications; confidential status.''.
    (f) Contents and Term of Patent.--Section 154 of title 35, United 
States Code, is amended to read as follows:
``Sec. 154. Contents and term of patent
    ``(a)(1) Subject to the provisions of paragraph (2), every patent 
shall contain--
            ``(A) a short title of the invention;
            ``(B) a grant to the patentee, and the heirs or assigns of 
        the patentee--
                    ``(i) for a term beginning on the date on which the 
                patent is issued and ending on a date 20 years from the 
                date on which the application for patent is filed in 
                the United States, excluding any claims of priority 
                under section 119 or 365;
                    ``(ii) of the right to exclude others from making, 
                using, or selling the invention throughout the United 
                States or importing the invention into the United 
                States;
                    ``(iii) if the invention is a process, of the right 
                to exclude others from using or selling throughout the 
                United States, or importing into the United States, 
                products made by that process; and
                    ``(iv) that refers to the specification for the 
                particulars of the invention; and
            ``(C) a copy of the specification and drawings which shall 
        be annexed to the patent and be a part of the patent.
    ``(2) The grant of a patent shall be subject to the payment of fees 
as provided by this title.
    ``(b)(1) In addition to the contents described under subsection 
(a), the grant of a patent described under paragraph (2) shall 
additionally include the right to obtain a reasonable royalty from any 
other person who, during the period before the grant--
            ``(A)(i) makes, uses, or sells the claimed invention in the 
        United States, or imports the claimed invention into the United 
        States; or
            ``(ii) if the claimed invention is a process, uses or sells 
        throughout the United States or imports into the United States 
        products made by that process; and
            ``(B) had actual knowledge of the published application.
    ``(2) Paragraph (1) applies to any patent--
            ``(A) that is granted based on an application published 
        under section 122(c) before such patent is granted; and
            ``(B) to the extent the patent claims in the issued patent 
        are substantially identical with the claims in such published 
        application.''.
    (g) Term of Design Patent.--Section 173 of title 35, United States 
Code, is amended by striking out ``fourteen years.'' and inserting in 
lieu thereof ``seventeen years from the filing date, as determined 
under section 154(a) of this title.''.

SEC. 3. EFFECTIVE DATE AND APPLICABILITY.

    The provisions of this Act and the amendments made by this Act 
shall take effect 90 days after the date of the enactment of this Act 
and shall apply only to applications filed on and after such effective 
date.

                                 <all>