[Congressional Record Volume 158, Number 155 (Wednesday, December 5, 2012)]
[House]
[Pages H6652-H6656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PATENT LAW TREATIES IMPLEMENTATION ACT OF 2012

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (S. 3486) to implement the provisions of the Hague Agreement 
and the Patent Law Treaty.
  The Clerk read the title of the bill.
  The text of the bill is 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''.

   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 Withdrawn or abandoned international design application.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 terms `designation', `designating', and 
     `designate' refer to 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 determined 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, 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 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

[[Page H6653]]

     an application in a foreign country within the meaning of 
     chapter 17 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, 
     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 
     design application, presented in the number and manner 
     prescribed in the treaty and the Regulations;
       ``(5) an indication of the product or products that 
     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 
     may be treated as a design application under chapter 16.
       ``(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 
     an application for patent filed in the Patent and Trademark 
     Office pursuant to chapter 16.

     ``Sec. 386. Right of priority

       ``(a) National Application.--In accordance with the 
     conditions and requirements of subsections (a) through (d) of 
     section 119 and section 172, a national application shall be 
     entitled to the right of priority based on a prior 
     international design application that designated at least 1 
     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 and section 172 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) designating at least 
     1 country other than the United States, or a prior 
     international design application designating at least 1 
     country other than the United States.
       ``(c) Prior National Application.--In accordance with the 
     conditions and requirements of section 120, 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) 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) 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), as may be prescribed by the Director.

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

       ``Subject to sections 384 and 387, 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) 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 
     to be made 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 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.
       ``(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.

     ``Sec. 390. Publication of international design application

       ``The publication under the treaty 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) (as amended by the Leahy-Smith 
     America Invents Act (Public Law 112-29; 125 Stat. 284)), 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) (as amended by the Leahy-Smith 
     America Invents Act (Public Law 112-29; 125 Stat. 284)), 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) (as amended by the Leahy-Smith 
     America Invents Act (Public Law 112-29; 125 Stat. 284)), 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) 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) which designated but did not originate in the 
     United States''

[[Page H6654]]

     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 ``withdrawal.'' 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), 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 
     take effect on the later of--
       (1) the date that is 1 year after the date of the enactment 
     of this Act; or
       (2) the date of entry into force of the treaty 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, 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).
       (c) Definitions.--For purposes of this section--
       (1) the terms ``treaty'' and ``international design 
     application'' have the meanings given those terms in section 
     381 of title 35, United States Code, as added by this title;
       (2) the term ``international application'' has the meaning 
     given that term in section 351(c) of title 35, United States 
     Code; and
       (3) the term ``national application'' means ``national 
     application'' within the meaning of chapter 38 of title 35, 
     United States Code, as added by this title.

               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.--Notwithstanding the 
     provisions of subsection (a), 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 the 
     application being regarded as abandoned. Such application 
     shall be treated as having never been filed, unless--
       ``(1) the application is revived under section 27; and
       ``(2) a copy of the specification and any drawings of the 
     previously filed application are submitted to the 
     Director.''.
       (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

       ``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) 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)--
       (i) by striking ``twelve'' and inserting ``12''; and
       (ii) 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 
     Receiving Office other than the Patent and Trademark Office, 
     the 12-month and additional 2-month 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 that 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 patents and applications 
     for 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--
       (1) by striking ``Whoever'' and inserting ``(a) In 
     General.--Whoever'';
       (2) by striking ``The provisions'' and inserting ``(b) 
     Applicability of This Title.--The provisions''; and
       (3) by adding at the end the following:
       ``(c) Filing Date.--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 paragraph (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 subsection (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

[[Page H6655]]

     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

       ``(a) In General.--If it appears that an 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.
       ``(b) Effect of Payment.--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.--The amendments made by this title--
       (1) shall take effect on the date that is 1 year after the 
     date of the enactment of this Act; and
       (2) shall apply to--
       (A) any patent issued before, on, or after the effective 
     date set forth in paragraph (1); and
       (B) any application for patent that is pending on or filed 
     after the effective date set forth in paragraph (1).
       (b) Exceptions.--
       (1) Section 201(a).--The amendments made by section 201(a) 
     shall apply only to applications that are filed on or after 
     the effective date set forth in subsection (a)(1).
       (2) Patents in 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 
     effective date set forth in subsection (a)(1).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous materials on S. 3486, currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Senate ratified both The Hague Agreement on 
Industrial Designs and the Patent Law Treaty in December of 2007. Each 
treaty is noncontroversial and helps American inventors who need 
overseas patent protection.
  However, the treaties cannot take effect until we amend our national 
patent law to cohere with our new obligations. Now that patent reform 
is behind us, we turn to implement both treaties through S. 3486. And I 
thank Ranking Member Conyers, Senator Leahy, Senator Grassley, and PTO 
Director Kappos for their work on this bill.
  The Hague Agreement makes the process of registering industrial 
designs in other countries much easier for American applicants. Its 
signature provision allows a design owner to apply for protection in a 
number of African, Asian, and European nations through a single filing.
  Currently, an American design applicant must file separate 
applications for design protection in each country or intergovernmental 
organization. The centralized registration procedure under the 
agreement will bring substantial cost savings to American industrial 
design owners.
  In addition, the filing of a single application that is accepted by a 
centralized office will lead to fewer processing mistakes and delays by 
the applicant and foreign patent offices.

                              {time}  1040

  The Hague Agreement also specifies administrative procedures to be 
followed by design patent applicants seeking multinational registration 
under the act. This allows us to provide the United States with the 
administrative benefits of a multinational design protection system and 
still retain our own substantive system.
  The Patent Law Treaty, or PLT, also simplifies the formal obligations 
imposed on inventors and reduces cost for patent applicants and owners. 
The PLT furthers our policy of strong and intellectual property 
protection. It simplifies national and international formal 
requirements associated with patent applications and patents. This 
makes it easier for American patent applicants and owners to obtain and 
maintain patents throughout the world, as well as in the United States.
  The drafting of S. 3486 was a collaborative effort that included the 
bipartisan and bicameral participation of the House and Senate 
Judiciary Committees, the Patent and Trademark Office, and the House 
legislative counsel. I again want to thank Ranking Member Conyers, 
Senator Leahy, Senator Grassley, and PTO Director Kappos for their 
contributions to the project.
  S. 3486 saves American inventors money and expands their patent 
protection outside the United States. I urge my colleagues to support 
the bill, and I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 3486 because it will decrease 
the barriers that U.S. innovators and businesses confront when they 
pursue patent protection in foreign countries. Specifically, the 
legislation will standardize the application procedures of the U.S. 
Patent and Trademark Office and will make them consistent with The 
Hague Agreement concerning the international registration of industrial 
designs known as The Hague Treaty and the Patent Law Treaty.
  The bill implements The Hague Treaty and Patent Law Treaty, which 
were ratified by the Senate unanimously on December 7, 2007. 
Unfortunately, neither of these treaties have yet to take effect in the 
United States because we have not passed implementing legislation. This 
bill addresses this problem in the following respects.
  To begin with, the bill standardizes the application procedures so 
they're consistent with the procedures in other countries that are 
signatories to the treaties. Under current law, U.S. designers must 
file separate applications in each jurisdiction where they want to 
receive rights. This procedure is burdensome, complicated, and often 
involves several languages. Under this measure, the U.S. creators of 
industrial designs will be able to use a simplified application system 
by filing a single English language international design application 
with the Patent and Trademark Office. This modification will not affect 
the standard for attaining a design patent, but it will aid small 
companies in seeking to expand their businesses overseas by 
streamlining the application process. Additionally, the bill will 
extend the term of the design patent from 14 years to 15 years, which 
will benefit U.S. patent holders.
  Second, the bill implements provisions under the Patent Law Treaty 
that revive applications which have been unintentionally abandoned.
  Finally, by implementing the Patent Law Treaty, several hurdles which 
disadvantage American businesses will be removed. Implementing the 
Patent Law Treaty will amend patent application procedures for filing 
dates, fees, surcharges for fees, as well as for oaths, declarations, 
and claims submitted after the filing date. These modifications should 
save innovators precious resources.
  In conclusion, the bill would benefit our Nation's economy by helping

[[Page H6656]]

American innovators and businesses better protect their inventions 
overseas.
  I urge my colleagues to support the legislation, and I yield back the 
balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, we have no other speakers on this 
side, and I yield back the balance of my time, as well.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, S. 3486.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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