Patent Law Treaties Implementation Act of 2012

PUBLIC LAW 112–211—DEC. 18, 2012

126 STAT. 1527

Public Law 112–211
112th Congress
An Act
Dec. 18, 2012
[S. 3486]

To implement the provisions of the Hague Agreement and the Patent Law Treaty.

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’’.

Patent Law
Treaties
Implementation
Act of 2012.
35 USC 1 note.

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
‘‘38. International design applications ..................................................................

Sec.
381.

‘‘CHAPTER 38—INTERNATIONAL DESIGN APPLICATIONS

kgrant on DSKHRRP4G1PROD with PUBLAWS

‘‘Sec.
‘‘381.
‘‘382.
‘‘383.
‘‘384.
‘‘385.
‘‘386.
‘‘387.
‘‘388.
‘‘389.
‘‘390.

Definitions.
Filing international design applications.
International design application.
Filing date.
Effect of international design application.
Right of priority.
Relief from prescribed time limits.
Withdrawn or abandoned international design application.
Examination of international design application.
Publication of international design application.

‘‘§ 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;

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00001

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

35 USC 381.

PUBL211

126 STAT. 1528

PUBLIC LAW 112–211—DEC. 18, 2012

‘‘(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.
35 USC 382.

Fees.

kgrant on DSKHRRP4G1PROD with PUBLAWS

35 USC 383.

VerDate Mar 15 2010

20:37 Jan 14, 2013

‘‘§ 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 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.
‘‘§ 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;

Jkt 029139

PO 00211

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

PUBLIC LAW 112–211—DEC. 18, 2012

126 STAT. 1529

kgrant on DSKHRRP4G1PROD with PUBLAWS

‘‘(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.

VerDate Mar 15 2010

‘‘§ 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.

35 USC 384.

‘‘§ 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.

35 USC 385.

‘‘§ 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

35 USC 386.

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

126 STAT. 1530

PUBLIC LAW 112–211—DEC. 18, 2012

kgrant on DSKHRRP4G1PROD with PUBLAWS

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.

VerDate Mar 15 2010

35 USC 387.

‘‘§ 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.

35 USC 388.

‘‘§ 388.

35 USC 389.

‘‘§ 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

20:37 Jan 14, 2013

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.

Jkt 029139

PO 00211

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

PUBLIC LAW 112–211—DEC. 18, 2012

126 STAT. 1531

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.
‘‘§ 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 ......................................................................................................

35 USC 390.

401’’.

kgrant on DSKHRRP4G1PROD with PUBLAWS

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

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

126 STAT. 1532

PUBLIC LAW 112–211—DEC. 18, 2012
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’’ 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.’’.

kgrant on DSKHRRP4G1PROD with PUBLAWS

35 USC 100 note.

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;

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

PUBLIC LAW 112–211—DEC. 18, 2012

126 STAT. 1533

(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

kgrant on DSKHRRP4G1PROD with PUBLAWS

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

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

Records.

PUBL211

126 STAT. 1534

PUBLIC LAW 112–211—DEC. 18, 2012

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:
35 USC 27.

‘‘§ 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:

kgrant on DSKHRRP4G1PROD with PUBLAWS

‘‘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

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

PUBLIC LAW 112–211—DEC. 18, 2012

126 STAT. 1535

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’’.

kgrant on DSKHRRP4G1PROD with PUBLAWS

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

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

126 STAT. 1536

PUBLIC LAW 112–211—DEC. 18, 2012
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 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:

‘‘§ 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’’.

35 USC 151.
Notice.
Fees.
Deadline.

35 USC 27 note.

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.—

kgrant on DSKHRRP4G1PROD with PUBLAWS

Applicability.

VerDate Mar 15 2010

20:37 Jan 14, 2013

Jkt 029139

PO 00211

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL211.112

PUBL211

PUBLIC LAW 112–211—DEC. 18, 2012

126 STAT. 1537

(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).

Applicability.

kgrant on DSKHRRP4G1PROD with PUBLAWS

Approved December 18, 2012.

LEGISLATIVE HISTORY—S. 3486:
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 21, considered and passed Senate.
Dec. 5, considered and passed House.

Æ

VerDate Mar 15 2010

11:20 Feb 04, 2013

Jkt 029139

PO 00211

Frm 00011

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL211.112

PUBL211