[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Pages S5980-S5983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Grassley):
  S. 3486. A bill to implement the provisions of the Hague Agreement 
and the Patent Law Treaty; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce today legislation 
that will help American businesses and inventors by reducing obstacles 
for obtaining patent protection overseas. This bipartisan measure 
implements two patent law treaties that were signed under President 
Clinton and submitted for the Senate's advice and consent by President 
George W. Bush. The Senate voted to ratify the treaties in 2007 without 
a single Senator in dissent. With this implementing legislation, 
Congress will complete its work so that the treaties at last can be 
ratified and go into effect.
  Our patent system plays a key role in encouraging innovation and 
bringing new products to market. The discoveries made by American 
inventors and research institutions, commercialized by our companies, 
and protected and promoted by our patent laws, have made our system the 
envy of the world. But in this global economy, it is not enough to have 
an effective domestic patent system; we must also help American 
inventors and businesses to protect their inventions and thrive in 
markets around the world. Consistent with last year's landmark patent 
reform legislation, the Leahy-Smith America Invents Act, this 
legislation will benefit American inventors by implementing two 
measures to reduce application barriers around the world.
  The Hague Agreement Concerning International Registration of 
Industrial Designs provides a simplified application system for U.S. 
creators of industrial designs who, by filing a single standardized 
application for a design patent at the U.S. Patent and Trademark 
Office, can apply for design protection in each country that has 
ratified the Treaty. American design patent applicants who previously 
had to file separate applications in numerous countries may now file a 
single, English-language application at the U.S. Patent Office, 
reducing the costs and burdens of obtaining international protections. 
The U.S. Patent Office may also receive applications that have been 
filed internationally, but its substantive examination process remains 
unchanged. The standard for obtaining a design patent is not affected. 
By simplifying the process for American businesses to obtain design 
patents overseas, the Hague Agreement will reduce barriers for small 
and mid-size companies to expand into foreign markets.
  The Patent Law Treaty also streamlines the process for American 
businesses seeking patent protection overseas. It limits the 
formalities different countries can require in patent applications, 
which are often used to disadvantage American applications in foreign 
jurisdictions. American businesses and inventors will benefit from 
harmonized applications, reducing the cost of doing business and 
encouraging U.S. innovators to protect and export their products 
internationally.
  In June, Director Kappos of the U.S. Patent and Trademark Office 
testified before the Judiciary Committee about the important need for 
this implementing legislation, stating that the treaties are ``pro-
American innovation, pro-global innovation, pro-jobs, pro-
opportunity.'' I agree. I urge the Senate to act quickly on this final 
step so that the treaties can at last be ratified, and American 
innovators and businesses can benefit from them as U.S. products 
continue to thrive on the global stage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3486

       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 Law Treaties 
     Implementation Act of 2012''.

[[Page S5981]]

   TITLE I--HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF 
                           INDUSTRIAL DESIGNS

     SEC. 101. THE HAGUE AGREEMENT CONCERNING INTERNATIONAL 
                   REGISTRATION OF INDUSTRIAL DESIGNS.

       (a) In General.--Title 35, United States Code, is amended 
     by adding at the end the following:

``PART V--THE HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF 
                           INDUSTRIAL DESIGNS

``CHAPTER                                                          Sec.
``38. International design applications........................381.....

            ``CHAPTER 38--INTERNATIONAL DESIGN APPLICATIONS

``Sec.
``381. Definitions.
``382. Filing international design applications.
``383. International design application.
``384. Filing date.
``385. Effect of international design application.
``386. Right of priority.
``387. Relief from prescribed time limits.
``388. Withdrawn or abandoned international design application.
``389. Examination of international design application.
``390. Publication of international design application.

     ``Sec. 381. Definitions

       ``(a) In General.--When used in this part, unless the 
     context otherwise indicates--
       ``(1) the term `treaty' means the Geneva Act of the Hague 
     Agreement Concerning the International Registration of 
     Industrial Designs adopted at Geneva on July 2, 1999;
       ``(2) the term `regulations'--
       ``(A) when capitalized, means the Common Regulations under 
     the treaty; and
       ``(B) when not capitalized, means the regulations 
     established by the Director under this title;
       ``(3) the term `designation' means a request that an 
     international registration have effect in a Contracting Party 
     to the treaty;
       ``(4) the term `International Bureau' means the 
     international intergovernmental organization that is 
     recognized as the coordinating body under the treaty and the 
     Regulations;
       ``(5) the term `effective registration date' means the date 
     of international registration indicated by the International 
     Bureau under the treaty;
       ``(6) the term `international design application' means an 
     application for international registration; and
       ``(7) the term `international registration' means the 
     international registration of an industrial design filed 
     under the treaty.
       ``(b) Rule of Construction.--Terms and expressions not 
     defined in this part are to be taken in the sense indicated 
     by the treaty and the Regulations.

     ``Sec. 382. Filing international design applications

       ``(a) In General.--Any person who is a national of the 
     United States, or has a domicile, a habitual residence, or a 
     real and effective industrial or commercial establishment in 
     the United States, may file an international design 
     application by submitting to the Patent and Trademark Office 
     an application in such form, together with such fees, as may 
     be prescribed by the Director.
       ``(b) Required Action.--The Patent and Trademark Office 
     shall perform all acts connected with the discharge of its 
     duties under the treaty, including the collection of 
     international fees and transmittal thereof to the 
     International Bureau. Subject to chapter 17 of this title, 
     international design applications shall be forwarded by the 
     Patent and Trademark Office to the International Bureau, upon 
     payment of a transmittal fee.
       ``(c) Applicability of Chapter 16.--Except as otherwise 
     provided in this chapter, the provisions of chapter 16 of 
     this title shall apply.
       ``(d) Application Filed in Another Country.--An 
     international design application on an industrial design made 
     in this country shall be considered to constitute the filing 
     of an application in a foreign country within the meaning of 
     chapter 17 of this title if the international design 
     application is filed--
       ``(1) in a country other than the United States;
       ``(2) at the International Bureau; or
       ``(3) with an intergovernmental organization.

     ``Sec. 383. International design application

       ``In addition to any requirements pursuant to chapter 16 of 
     this title, the international design application shall 
     contain--
       ``(1) a request for international registration under the 
     treaty;
       ``(2) an indication of the designated Contracting Parties;
       ``(3) data concerning the applicant as prescribed in the 
     treaty and the Regulations;
       ``(4) copies of a reproduction or, at the choice of the 
     applicant, of several different reproductions of the 
     industrial design that is the subject of the international 
     application, presented in the number and manner prescribed in 
     the treaty and the Regulations;
       ``(5) an indication of the product or products which 
     constitute the industrial design or in relation to which the 
     industrial design is to be used, as prescribed in the treaty 
     and the Regulations;
       ``(6) the fees prescribed in the treaty and the 
     Regulations; and
       ``(7) any other particulars prescribed in the Regulations.

     ``Sec. 384. Filing date

       ``(a) In General.--Subject to subsection (b), the filing 
     date of an international design application in the United 
     States shall be the effective registration date. 
     Notwithstanding the provisions of this part, any 
     international design application designating the United 
     States that otherwise meets the requirements of chapter 16 of 
     this title may be treated as a design application under 
     chapter 16 of this title.
       ``(b) Review.--An applicant may request review by the 
     Director of the filing date of the international design 
     application in the United States. The Director may determine 
     that the filing date of the international design application 
     in the United States is a date other than the effective 
     registration date. The Director may establish procedures, 
     including the payment of a surcharge, to review the filing 
     date under this section. Such review may result in a 
     determination that the application has a filing date in the 
     United States other than the effective registration date.

     ``Sec. 385. Effect of international design application

       ``An international design application designating the 
     United States shall have the effect, for all purposes, from 
     its filing date determined in accordance with section 384 of 
     this part, of an application for patent filed in the Patent 
     and Trademark Office pursuant to chapter 16 of this title.

     ``Sec. 386. Right of priority

       ``(a) National Application.--In accordance with the 
     conditions and requirements of subsections (a) through (d) of 
     section 119 of this title and section 172 of this title, a 
     national application shall be entitled to the right of 
     priority based on a prior international design application 
     which designated at least one country other than the United 
     States.
       ``(b) Prior Foreign Application.--In accordance with the 
     conditions and requirements of subsections (a) through (d) of 
     section 119 of this title and section 172 of this title and 
     the treaty and the Regulations, an international design 
     application designating the United States shall be entitled 
     to the right of priority based on a prior foreign 
     application, a prior international application as defined in 
     section 351(c) of this title designating at least one country 
     other than the United States, or a prior international design 
     application designating at least one country other than the 
     United States.
       ``(c) Prior National Application.--In accordance with the 
     conditions and requirements of section 120 of this title, an 
     international design application designating the United 
     States shall be entitled to the benefit of the filing date of 
     a prior national application, a prior international 
     application as defined in section 351(c) of this title 
     designating the United States, or a prior international 
     design application designating the United States, and a 
     national application shall be entitled to the benefit of the 
     filing date of a prior international design application 
     designating the United States. If any claim for the benefit 
     of an earlier filing date is based on a prior international 
     application as defined in section 351(c) of this title which 
     designated but did not originate in the United States or a 
     prior international design application which designated but 
     did not originate in the United States, the Director may 
     require the filing in the Patent and Trademark Office of a 
     certified copy of such application together with a 
     translation thereof into the English language, if it was 
     filed in another language.

     ``Sec. 387. Relief from prescribed time limits

       ``An applicant's failure to act within prescribed time 
     limits in connection with requirements pertaining to an 
     international design application may be excused as to the 
     United States upon a showing satisfactory to the Director of 
     unintentional delay and under such conditions, including a 
     requirement for payment of the fee specified in section 
     41(a)(7) of this title, as may be prescribed by the Director.

     ``Sec. 388. Withdrawn or abandoned international design 
       application

       ``Subject to sections 384 and 387 of this part, if an 
     international design application designating the United 
     States is withdrawn, renounced or canceled or considered 
     withdrawn or abandoned, either generally or as to the United 
     States, under the conditions of the treaty and the 
     Regulations, the designation of the United States shall have 
     no effect after the date of withdrawal, renunciation, 
     cancellation, or abandonment and shall be considered as not 
     having been made, unless a claim for benefit of a prior 
     filing date under section 386(c) of this part was made in a 
     national application, or an international design application 
     designating the United States, or a claim for benefit under 
     section 365(c) was made in an international application 
     designating the United States, filed before the date of such 
     withdrawal, renunciation, cancellation, or abandonment. 
     However, such withdrawn, renounced, canceled, or abandoned 
     international design application may serve as the basis for a 
     claim of priority under subsections (a) and (b) of section 
     386, or under subsection (a) or (b) of section 365, if it 
     designated a country other than the United States.

     ``Sec. 389. Examination of international design application

       ``(a) In General.--The Director shall cause an examination 
     pursuant to this title of an international design application 
     designating the United States.
       ``(b) Applicability of Chapter 16.--All questions of 
     substance, and, unless otherwise

[[Page S5982]]

     required by the treaty and Regulations, procedures regarding 
     an international design application designating the United 
     States shall be determined as in the case of applications 
     filed under chapter 16 of this title.
       ``(c) Fees.--The Director may prescribe fees for filing 
     international design applications, for designating the United 
     States, and for any other processing, services, or materials 
     relating to international design applications, and may 
     provide for later payment of such fees, including surcharges 
     for later submission of fees.
       ``(d) Issuance of Patent.--The Director may issue a patent 
     based on an international design application designating the 
     United States, in accordance with the provisions of this 
     title. Such patent shall have the force and effect of a 
     patent issued on an application filed under chapter 16 of 
     this title.

     ``Sec. 390. Publication of international design application

       ``The publication under the treaty defined in section 
     381(a)(1) of an international design application designating 
     the United States shall be deemed a publication under section 
     122(b).''.
       (b) Conforming Amendment.--The table of parts at the 
     beginning of title 35, United States Code, is amended by 
     adding at the end the following:

``V. The Hague Agreement concerning international registration of 
    industrial designs.......................................401''.....

     SEC. 102. CONFORMING AMENDMENTS.

       Title 35, United States Code, is amended--
       (1) in section 100(i)(1)(B), by striking ``right of 
     priority under section 119, 365(a), or 365(b) or to the 
     benefit of an earlier filing date under section 120, 121, or 
     365(c)'' and inserting ``right of priority under section 119, 
     365(a), 365(b), 386(a), or 386(b) or to the benefit of an 
     earlier filing date under section 120, 121, 365(c), or 
     386(c)'';
       (2) in section 102(d)(2), by striking ``to claim a right of 
     priority under section 119, 365(a), or 365(b), or to claim 
     the benefit of an earlier filing date under section 120, 121, 
     or 365(c)'' and inserting ``to claim a right of priority 
     under section 119, 365(a), 365(b), 386(a), or 386(b), or to 
     claim the benefit of an earlier filing date under section 
     120, 121, 365(c), or 386(c)'';
       (3) in section 111(b)(7)--
       (A) by striking ``section 119 or 365(a)'' and inserting 
     ``section 119, 365(a), or 386(a)''; and
       (B) by striking ``section 120, 121, or 365(c)'' and 
     inserting ``section 120, 121, 365(c), or 386(c)'';
       (4) in section 115(g)(1), by striking ``section 120, 121, 
     or 365(c)'' and inserting ``section 120, 121, 365(c), or 
     386(c)'';
       (5) in section 120, in the first sentence, by striking 
     ``section 363'' and inserting ``section 363 or 385'';
       (6) in section 154--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``section 120, 121, or 
     365(c)'' and inserting ``section 120, 121, 365(c), or 
     386(c)''; and
       (ii) in paragraph (3), by striking ``section 119, 365(a), 
     or 365(b)'' and inserting ``section 119, 365(a), 365(b), 
     386(a), or 386(b)''; and
       (B) in subsection (d)(1), by inserting ``or an 
     international design application filed under the treaty 
     defined in section 381(a)(1) designating the United States 
     under Article 5 of such treaty'' after ``Article 21(2)(a) of 
     such treaty'';
       (7) in section 173, by striking ``fourteen years'' and 
     inserting ``15 years'';
       (8) in section 365(c)--
       (A) in the first sentence, by striking ``or a prior 
     international application designating the United States'' and 
     inserting ``, a prior international application designating 
     the United States, or a prior international design 
     application as defined in section 381(a)(6) of this title 
     designating the United States''; and
       (B) in the second sentence, by inserting ``or a prior 
     international design application as defined in section 
     381(a)(6) of this title which designated but did not 
     originate in the United States'' after ``did not originate in 
     the United States''; and
       (9) in section 366--
       (A) in the first sentence, by striking ``unless a claim'' 
     and all that follows through ``withdrawl.'' and inserting 
     ``unless a claim for benefit of a prior filing date under 
     section 365(c) of this section was made in a national 
     application, or an international application designating the 
     United States, or a claim for benefit under section 386(c) 
     was made in an international design application designating 
     the United States, filed before the date of such 
     withdrawal.''; and
       (B) by striking the second sentence and inserting the 
     following: ``However, such withdrawn international 
     application may serve as the basis for a claim of priority 
     under section 365 (a) and (b) of this part, or under section 
     386 (a) or (b), if it designated a country other than the 
     United States.''.

     SEC. 103. EFFECTIVE DATE.

       (a) In General.--The amendments made by this title shall be 
     effective on the later of--
       (1) the date that is 1 year after the date of enactment of 
     this Act, or
       (2) the date of entry into force of the treaty, as defined 
     in section 381 of title 35, as amended by this Act, with 
     respect to the United States.
       (b) Applicability of Amendments.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this title shall apply only to international design 
     applications, international applications as defined in 
     section 351(c) of title 35, United States Code, and national 
     applications filed on and after the effective date set forth 
     in subsection (a), and patents issuing thereon.
       (2) Exception.--Sections 100(i) and 102(d) of title 35, 
     United States Code, as amended by this title, shall not apply 
     to an application, or any patent issuing thereon, unless it 
     is described in section 3(n)(1) of the Leahy-Smith America 
     Invents Act (35 U.S.C. 100 note).

               TITLE II--PATENT LAW TREATY IMPLEMENTATION

     SEC. 201. PROVISIONS TO IMPLEMENT THE PATENT LAW TREATY.

       (a) Application Filing Date.--Section 111 of title 35, 
     United States Code, is amended--
       (1) in subsection (a), by striking paragraphs (3) and (4) 
     and inserting the following:
       ``(3) Fee, oath or declaration, and claims.--The 
     application shall be accompanied by the fee required by law. 
     The fee, oath or declaration, and 1 or more claims may be 
     submitted after the filing date of the application, within 
     such period and under such conditions, including the payment 
     of a surcharge, as may be prescribed by the Director. Upon 
     failure to submit the fee, oath or declaration, and 1 or more 
     claims within such prescribed period, the application shall 
     be regarded as abandoned.
       ``(4) Filing date.--The filing date of an application shall 
     be the date on which a specification, with or without claims, 
     is received in the United States Patent and Trademark 
     Office.'';
       (2) in subsection (b), by striking paragraphs (3) and (4) 
     and inserting the following:
       ``(3) Fee.--The application shall be accompanied by the fee 
     required by law. The fee may be submitted after the filing 
     date of the application, within such period and under such 
     conditions, including the payment of a surcharge, as may be 
     prescribed by the Director. Upon failure to submit the fee 
     within such prescribed period, the application shall be 
     regarded as abandoned.
       ``(4) Filing date.--The filing date of a provisional 
     application shall be the date on which a specification, with 
     or without claims, is received in the United States Patent 
     and Trademark Office.''; and
       (3) by adding at the end the following:
       ``(c) Prior Filed Application.--The Director may prescribe 
     the conditions, including the payment of a surcharge, under 
     which a reference made upon the filing of an application 
     under subsection (a) to a previously filed application, 
     specifying the previously filed application by application 
     number and the intellectual property authority or country in 
     which the application was filed, shall constitute the 
     specification and any drawings of the subsequent application 
     for purposes of a filing date. A copy of the specification 
     and any drawings of the previously filed application shall be 
     submitted within such period and under such conditions as may 
     be prescribed by the Director. A failure to submit the copy 
     of the specification and any drawings of the previously filed 
     application within the prescribed period shall result in 
     application being regarded as abandoned and treated as having 
     never been filed.''.
       (b) Relief in Respect of Time Limits and Reinstatement of 
     Rights.--
       (1) In general.--Chapter 2 of title 35, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 27. Revival of applications; reinstatement of 
       reexamination proceedings

       ``(a) In General.--The Director may establish procedures, 
     including the requirement for payment of the fee specified in 
     section 41(a)(7), to revive an unintentionally abandoned 
     application for patent, accept an unintentionally delayed 
     payment of the fee for issuing each patent, or accept an 
     unintentionally delayed response by the patent owner in a 
     reexamination proceeding, upon petition by the applicant for 
     patent or patent owner.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 2 of title 35, United States Code, is 
     amended by adding at the end the following:

``27. Revival of applications; reinstatement of reexamination 
              proceedings.''.

       (c) Restoration of Priority Right.--Title 35, United States 
     Code, is amended--
       (1) in section 119--
       (A) in subsection (a), by adding at the end the following: 
     ``The Director may prescribe regulations, including the 
     requirement for payment of the fee specified in section 
     41(a)(7), pursuant to which the 12-month period set forth in 
     this subsection may be extended by an additional 2 months if 
     the delay in filing the application in this country within 
     the 12-month period was unintentional.''; and
       (B) in subsection (e)--
       (i) in paragraph (1)--

       (I) by inserting after the first sentence the following: 
     ``The Director may prescribe regulations, including the 
     requirement for payment of the fee specified in section 
     41(a)(7), pursuant to which the 12-month period set forth in 
     this subsection may be extended by an additional 2 months if 
     the delay in filing the application under section 111(a) or 
     section 363 within the 12-month period was unintentional.''; 
     and
       (II) in the last sentence--

       (aa) by striking ``including the payment of a surcharge'' 
     and inserting ``including the payment of the fee specified in 
     section 41(a)(7)''; and
       (bb) by striking ``during the pendency of the 
     application''; and
       (ii) in paragraph (3), by adding at the end the following: 
     ``For an application for patent filed under section 363 in a 
     foreign Receiving Office, the 12-month and additional 2 month

[[Page S5983]]

     period set forth in this subsection shall be extended as 
     provided under the treaty and Regulations as defined in 
     section 351.''; and
       (2) in section 365(b), by adding at the end the following: 
     ``The Director may establish procedures, including the 
     requirement for payment of the fee specified in section 
     41(a)(7), to accept an unintentionally delayed claim for 
     priority under the treaty and the Regulations, and to accept 
     a priority claim where such priority claim pertains to an 
     application that was not filed within the priority period 
     specified in the treaty and Regulations, but was filed within 
     the additional 2-month period specified under section 119(a) 
     or the treaty and Regulations.''.
       (d) Recordation of Ownership Interests.--Section 261 of 
     title 35, United States Code, is amended--
       (1) in the first undesignated paragraph by adding at the 
     end the following: ``The Patent and Trademark Office shall 
     maintain a register of interests in applications for patents 
     and patents and shall record any document related thereto 
     upon request, and may require a fee therefor.''; and
       (2) in the fourth undesignated paragraph by striking ``An 
     assignment'' and inserting ``An interest that constitutes an 
     assignment''.

     SEC. 202. CONFORMING AMENDMENTS.

       (a) In General.--Section 171 of title 35, United States 
     Code, is amended by adding at the end the following:
       ``The filing date of an application for patent for design 
     shall be the date on which the specification as prescribed by 
     section 112 and any required drawings are filed.''.
       (b) Relief in Respect of Time Limits and Reinstatement of 
     Right.--Title 35, United States Code, is amended--
       (1) in section 41--
       (A) in subsection (a), by striking subsection (7) and 
     inserting the following:
       ``(7) Revival fees.--On filing each petition for the 
     revival of an abandoned application for a patent, for the 
     delayed payment of the fee for issuing each patent, for the 
     delayed response by the patent owner in any reexamination 
     proceeding, for the delayed payment of the fee for 
     maintaining a patent in force, for the delayed submission of 
     a priority or benefit claim, or for the extension of the 12-
     month period for filing a subsequent application, $1,700.00. 
     The Director may refund any part of the fee specified in this 
     paragraph, in exceptional circumstances as determined by the 
     Director''; and
       (B) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) Acceptance.--The Director may accept the payment of 
     any maintenance fee required by subsection (b) after the 6-
     month grace period if the delay is shown to the satisfaction 
     of the Director to have been unintentional. The Director may 
     require the payment of the fee specified in paragraph (a)(7) 
     as a condition of accepting payment of any maintenance fee 
     after the 6-month grace period. If the Director accepts 
     payment of a maintenance fee after the 6-month grace period, 
     the patent shall be considered as not having expired at the 
     end of the grace period.'';
       (2) in section 119(b)(2), in the second sentence, by 
     striking ``including the payment of a surcharge'' and 
     inserting ``including the requirement for payment of the fee 
     specified in section 41(a)(7)'';
       (3) in section 120, in the fourth sentence, by striking 
     ``including the payment of a surcharge'' and inserting 
     ``including the requirement for payment of the fee specified 
     in section 41(a)(7)'';
       (4) in section 122(b)(2)(B)(iii), in the second sentence, 
     by striking ``, unless it is shown'' and all that follows 
     through ``unintentional'';
       (5) in section 133, by striking ``, unless it be shown'' 
     and all that follows through ``unavoidable'';
       (6) by striking section 151 and inserting the following:

     ``Sec. 151. Issue of patent

       ``If it appears that applicant is entitled to a patent 
     under the law, a written notice of allowance of the 
     application shall be given or mailed to the applicant. The 
     notice shall specify a sum, constituting the issue fee and 
     any required publication fee, which shall be paid within 3 
     months thereafter.
       ``Upon payment of this sum the patent may issue, but if 
     payment is not timely made, the application shall be regarded 
     as abandoned.'';
       (7) in section 361, by striking subsection (c) and 
     inserting the following:
       ``(c) International applications filed in the Patent and 
     Trademark Office shall be filed in the English language, or 
     an English translation shall be filed within such later time 
     as may be fixed by the Director.'';
       (8) in section 364, by striking subsection (b) and 
     inserting the following:
       ``(b) An applicant's failure to act within prescribed time 
     limits in connection with requirements pertaining to an 
     international application may be excused as provided in the 
     treaty and the Regulations.''; and
       (9) in section 371(d), in the third sentence, by striking 
     ``, unless it be shown to the satisfaction of the Director 
     that such failure to comply was unavoidable''.

     SEC. 203. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this title shall be effective on the date 
     that is 1 year after the date of enactment of this Act and 
     shall apply to all patents and to all applications for patent 
     pending on or filed after the date that is 1 year after the 
     date of enactment of this Act.
       (b) Exceptions.--
       (1) Section 201(a).--The amendments made by section 201(a) 
     shall apply only to applications filed on or after the date 
     that is 1 year after the date of enactment of this Act.
       (2) Patent that is subject of litigation.--The amendments 
     made by this title shall have no effect with respect to any 
     patent that is the subject of litigation in an action 
     commenced before the date that is 1 year after the date of 
     enactment of this Act.
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