II 109th CONGRESS 2d Session H. R. 4742 IN THE SENATE OF THE UNITED STATES December 6, 2006 Received AN ACT 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.

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. .

Passed the House of Representatives December 5, 2006. Karen L. Haas, Clerk.