[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4742 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4742

  To amend title 35, United States Code, to allow the Director of the 
  Patent and Trademark Office to waive statutory provisions governing 
             patents and trademarks in certain emergencies.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2006

    Mr. Smith of Texas (for himself, Mr. Berman, and Mr. Goodlatte) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 35, United States Code, to allow the Director of the 
  Patent and Trademark Office to waive statutory provisions governing 
             patents and trademarks in certain emergencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN CERTAIN 
              EMERGENCIES.

    Section 2 of title 35, United States Code, is amended by adding at 
the end the following new subsection:
    ``(e) Waiver of Requirements in Certain Emergencies.--The Director 
may waive statutory provisions governing the filing, processing, 
renewal, and maintenance of patents, trademark registrations, and 
applications therefor to the extent the Director deems necessary in 
order to protect the rights and privileges of applicants and other 
persons affected by an emergency or a major disaster, as those terms 
are defined in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). A decision not to 
exercise, or a failure to exercise, the waiver authority provided by 
this subsection shall not be subject to judicial review.''.
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