Brief

The Patent Law Amendments Act of 1984 aims to increase the effectiveness of patent laws in the United States. The Act amends Title 35 of the US Code to provide for statutory invention registration, which allows applicants to publish their inventions without examination. It also clarifies the rights of joint inventors and provides for arbitration of interferences between patent applications. Additionally, the Act establishes a National Commission on Innovation and Productivity to review and make recommendations on innovation and productivity in the United States. The Act also makes technical amendments to the US Code related to patent fees and trademark trial and appeal board procedures.

PUBLIC LAW 98-622—NOV. 8, 1984 98 STAT. 3383
Public Law 98-622
98th Congress
An Act
To amend title 35, United States Code, to increase the effectiveness of the patent Nov. 8, 1984
laws, and for other purposes. [H.R. 6286]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Patent Law
Amendments
SHORT TITLE sk'usJfnote.
SECTION 1. This Act may be cited as the "Patent Law Amend­
ments Act of 1984".
TITLE I—PATENT IMPROVEMENT PROVISIONS
USE OF PATENTED INVENTIONS OUTSIDE THE UNITED STATES
SEC. 101. (a) Section 271 of title 35, United States Code, is amended Ante, p. 1603.
by adding at the end thereof the following new subsection:
"(f)(1) Whoever without authority supplies or causes to be supplied
in or from the United States all or a substantial portion of the
components of a patented invention, where such components are
uncombined in whole or in part, in such manner as to actively
induce the combination of such components outside of the United
States in a manner that would infringe the patent if such com­
bination occurred within the United States, shall be liable as an
infringer.
"(2) Whoever without authority supplies or causes to be supplied
in or from the United States any component of a patented invention
that is especially made or especially adapted for use in the invention
and not a staple article or commodity of commerce suitable for
substantial noninfringing use, where such component is uncombined
in whole or in part, knowing that such component is so made or
adapted and intending that such component will be combined out­
side of the United States in a manner that would infringe the patent
if such combination occurred within the United States, shall be
liable as an infringer.".
STATUTORY INVENTION REGISTRATION
SEC. 102. (a) Chapter 14 of title 35, United States Code, is amended
by adding at the end thereof the following new section:
"§ 157. Statutory invention registration 35 use 157.
"(a) Notwithstanding any other provision of this title, the Com­
missioner is authorized to publish a statutory invention registration
containing the specification and drawings of a regularly filed appli­
cation for a patent without examination if the applicant—
"(1) meets the requirements of section 112 of this title;
"(2) has complied with the requirements for printing, as set
forth in regulations of the Commissioner; 98 STAT. 3384 PUBLIC LAW 98-622—NOV. 8, 1984
Public
availability.
Regulations.
Report.
Effective date.
35 use 157 note. "(3) waives the right to receive a patent on the invention
within such period as may be prescribed by the Commissioner;
and
"(4) pays appHcation, publication, and other processing fees
established by the Commissioner.
If an interference is declared with respect to such an application, a
statutory invention registration may not be published unless the
issue of priority of invention is finally determined in favor of the
applicant.
'(b) The waiver under subsection (aX3) of this section by an
applicant shall take effect upon publication of the statutory inven­
tion registration.
"(c) A statutory invention registration published pursuant to this
section shall have all of the attributes specified for patents in this
title except those specified in section 183 and sections 271 through
289 of this title. A statutory invention registration shall not have
any of the attributes specified for patents in any other provision of
law other than this title. A statutory invention registration pub­
lished pursuant to this section shall give appropriate notice to the
public, pursuant to regulations which the Commissioner shall issue,
of the preceding provisions of this subsection. The invention with
respect to which a statutory invention certificate is published is not
a patented invention for purposes of section 292 of this title.
"(d) The Secretary of Commerce shall report to the Congress
annually on the use of statutory invention registrations. Such report
shall include an assessment of the degree to which agencies of the
Federal Government are making use of the statutory invention regis­
tration system, the degree to which it aids the management of
federally developed technology, and an assessment of the cost sav­
ings to the Federal Government of the use of such procedures.".
(b) The table of sections at the beginning of chapter 14 of title 35,
United States Code, is amended by adding at the end thereof the
following:
"157. Statutory invention registration.".
(c) The amendments made by this section shall take effect six
months after the date of the enactment of this Act.
PRIOR ART
SEC. 103. Section 103 of title 35, United States Code, is amended by
adding at the end thereof the following:
"Subject matter developed by another person, which qualifies as
prior art only under subsection (f) or (g) of section 102 of this title,
shall not preclude patentability under this section where the subject
matter and the claimed invention were, at the time the invention
was made, owned by the same person or subject to an obligation of
assignment to the same person.'.
JOINT INVENTORS
SEC. 104. (a) Section 116 of title 35, United States Code, is amended
by amending the first paragraph to read as follows:
"When an invention is made by two or more persons jointly, they
shall apply for patent jointly and each make the required oath,
except as otherwise provided in this title. Inventors may apply for a
patent jointly even though (1) they did not physically work together
or at the same time, (2) each did not make the same type or amount PUBLIC LAW 98-622-NOV. 8, 1984 98 STAT. 3385
of contribution, or (3) each did not make a contribution to the
subject matter of every claim of the patent.".
(b) Section 120 of title 35, United States Code, is amended by
striking out "by the same inventor" and inserting in lieu thereof
"which is filed by an inventor or inventors named in the previously
filed application".
ARBITRATION OF INTERFERENCES
SEC. 105. Section 135 of title 35, United States Code, is amended by
adding at the end thereof the following new subsection:
"(d) Parties to a patent interference, within such time as may be
specified by the Commissioner by regulation, may determine such
contest or any aspect thereof by arbitration. Such arbitration shall
be governed by the provisions of title 9 to the extent such title is not 9 use l et seq.
inconsistent with this section. The parties shall give notice of any
arbitration award to the Commissioner, and such award shall, as
between the parties to the arbitration, be dispositive of the issues to
which it relates. The arbitration award shall be unenforceable until
such notice is given. Nothing in this subsection shall preclude the
Commissioner from determining patentability of the invention in­
volved in the interference.".
EFFECTIVE DATE
SEC. 106. (a) Subject to subsections (b), (c), (d), and (e) of this 35 use 103 note.
section, the amendments made by this Act shall apply to all United
States patents granted before, on, or after the date of enactment of
this Act, and to all applications for United States patents pending
on or filed after the date of enactment.
(b) The amendments made by this Act shall not affect any final
decision made by the court or the Patent and Trademark Office
before the date of enactment of this Act with respect to a patent or
application for patent, if no appeal from such decision is pending
and the time for filing an appeal has expired.
(c) Section 271(f) of title 35, United States Code, added by section
101 of this Act shall apply only to the supplying, or causing to be
supplied, of any component or components of a patented invention
after the date of enactment of this Act.
(d) No United States patent granted before the date of enactment eiaims.
of this Act shall abridge or affect the right of any person or his
successors in business who made, purchased, or used prior to such
effective date anything protected by the patent, to continue the use
of, or to sell to others to be used or sold, the specific thing so made,
purchased, or used, if the patent claims were invalid or otherwise
unenforceable on a ground obviated by section 103 or 104 of this Act
and the person made, purchased, or used the specific thing in
reasonable reliance on such invalidity or unenforceability. If a
person reasonably relied on such invalidity or unenforceability, the
court before which such matter is in question may provide for the
continued manufacture, use, or sale of the thing made, purchased, or
used as specified, or for the manufacture, use, or sale of which
substantial preparation was made before the date of enactment of
this Act, and it may also provide for the continued practice of any
process practiced, or for the practice of which substantial prepara­
tion was made, prior to the date of enactment, to the extent and
under such terms as the court deems equitable for the protection of 98 STAT. 3386 PUBLIC LAW 98-622—NOV. 8, 1984
investments made or business commenced before the date of
enactment.
Prohibition. (e) The amendments made by this Act shall not affect the right of
any party in any case pending in court on the date of enactment to
have their rights determined on the basis of the substantive law in
effect prior to the date of enactment.
TITLE II—PATENT AND TRADEMARK OFFICE PROCEDURES
Infra.
5 use 5332. BOARD OF PATENT APPEALS AND INTERFERENCES
SEC. 20L (a) Section 7 of title 35, United States Code, is amended
to read as follows:
"§ 7. Board of Patent Appeals and Interferences
"(a) The examiners-in-chief shall be persons of competent legal
knowledge and scientific ability, who shall be appointed to the
competitive service. The Commissioner, the Deputy Commissioner,
the Assistant Commissioners, and the examiners-in-chief shall con­
stitute the Board of Patent Appeals and Interferences.
"(b) The Board of Patent Appeals and Interferences shall, on
written appeal of an applicant, review adverse decisions of exam­
iners upon applications for patents and shall determine priority and
patentability of invention in interferences declared under section
135(a) of this title. Each appeal and interference shall be heard by at
least three members of the Board of Patent Appeals and Interfer­
ences, who shall be designated by the Commissioner. Only the Board
of Patent Appeals and Interferences has the authority to grant
rehearings.
"(c) Whenever the Commissioner considers it necessary, in order
to keep current the work of the Board of Patent Appeals and
Interferences, the Commissioner may designate any patent exam­
iner of the primary examiner grade or higher, having the requisite
ability, to serve as examiner-in-chief for periods not exceeding six
months each. An examiner so designated shall be qualified to act as
a member of the Board of Patent Appeals and Interferences. Not
more than one of the members of the Board of Patent Appeals and
Interferences hearing an appeal or determining an interference may
be an examiner so designated. The Secretary of Commerce is author­
ized to fix the pay of each designated examiner-in-chief in the
Patent and Trademark Office at not to exceed the maximum rate of
basic pay payable for grade GS-16 of the General Schedule under
section 5332 of title 5. The rate of basic pay of each individual
designated examiner-in-chief shall be adjusted, at the close of the
period for which that individual was designated to act as examiner-
in-chief, to the rate of basic pay which that individual would have
been receiving at the close of such period if such designation had not
been made.".
(b) The item relating to section 7 in the table of sections at the
beginning of chapter 1 of title 35, United States Code, is amended by
striking out "Appeals" and inserting in lieu thereof "Patent Ap­
peals and Interferences".
Claims. INTERFERENCES
SEC. 202. Section 135(a) of title 35, United States Code, is amended
to read as follows: PUBLIC LAW 98-622—NOV. 8, 1984 98 STAT. 3387
"(a) Whenever an application is made for a patent which, in the
opinion of the Commissioner, would interfere with any pending
application, or with any unexpired patent, an interference may be
declared and the Commissioner shall give notice of such declaration
to the applicants, or applicant and patentee, as the case may be. The
Board of Patent Appeals and Interferences shall determine ques­
tions of priority of the inventions and may determine questions of
patentability. Any final decision, if adverse to the claim of an
applicant, shall constitute the final refusal by the Patent and
Trademark Office of the claims involved, and the Commissioner
may issue a patent to the applicant who is adjudged the prior
inventor. A final judgment adverse to a patentee from which no
appeal or other review has been or can be taken or had shall
constitute cancellation of the claims involved in the patent, and
notice of such cancellation shall be endorsed on copies of the patent
distributed after such cancellation by the Patent and Trademark
Office.".
APPEALS AND CIVIL ACTIONS
SEC. 203. (a) Section 141 of title 35, United States Code, is
amended—
(1) in the first sentence—
(A) by striking out "of the Board of Patent Appeals may
appeal" and inserting in lieu thereof "in an appeal to the
Board of Patent Appeals and Interferences under section
134 of this title may appeal the decision"; and
(B) by striking out ", thereby waiving his right" and
inserting in lieu thereof ". By filing such an appeal the
applicant waives his or her right";
(2) in the second sentence—
(A) by striking out "board of patent interferences on Lie
question of priority may appeal" and inserting in lieu
thereof "Board of Patent Appeals and Interferences on the
interference may appeal the decision";
(B) by striking out "according to" and inserting in lieu
thereof "in accordance with"; and
(C) by striking out "he" and inserting in lieu thereof "the
party"; and
(3) by amending the last sentence to read as follows:
"If the appellant does not, within thirty days after the filing of such
notice by the adverse party, file a civil action under section 146, the
decision appealed from shall govern the further proceedings in the
case.".
(b) Section 145 of title 35, United States Code, is amended—
(1) in the first sentence by striking out "Appeals may" and
inserting in lieu thereof "Patent Appeals and Interferences in
an appeal under section 134 of this title may,"; and
(2) in the second sentence by striking out "Appeals" and
inserting in lieu thereof "Patent Appeals and Interferences".
(c) Section 146 of title 35, United States Code, is amended by
striking out "board of patent interferences on the question of pri­
ority" and inserting in lieu thereof "Board of Patent Appeals and
Interferences on the interference". 98 STAT. 3388 PUBLIC LAW 98-622—NOV. 8, 1984
TECHNICAL AND CONFORMING AMENDMENTS
SEC. 204. (a) Section 41(aX6) of title 35, United States Code, is
amended—
(1) by striking out "Appeals" each place it appears and insert­
ing in lieu thereof "Patent Appeals and Interferences"; and
(2) by inserting "in the appeal" after "oral hearing".
(b)(1) Section 134 of title 35, United States Code, is amended—
(A) in the section caption by striking out "APPEALS" and
inserting in lieu thereof "PATENT APPEALS AND INTERFERENCES";
and
(B) by striking out "Appeals" and inserting in lieu thereof
"Patent Appeals and Interferences".
(2) The item relating to section 134 in the table of sections at the
beginning of chapter 12 of title 35, United States Code, is amended
by striking out "Appeals" and inserting in lieu thereof "Patent
Appeals and Interferences".
(c) Section 305 of title 35, United States Code, is amended by
striking out "Appeals" and inserting in lieu thereof "Patent Ap­
peals and Interferences".
AMENDMENTS TO OTHER PROVISIONS OF LAW
SEC. 205. (a) Section 1295(aX4)(A) of title 28, United States Code, is
amended by striking out "Appeals or the Board of Patent" and
inserting in lieu thereof "Patent Appeals and".
(b) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is
amended in the third paragraph—
(1) by striking out "a Board of Patent Interferences" and
inserting in lieu thereof "the Board of Patent Appeals and
Interferences"; and
(2) by striking out "the Board of Patent Interferences" and
inserting in lieu thereof "the Board of Patent Appeals and
Interferences".
(c)(1) Section 305(d) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2457(d)) is amended—
(A) by striking out "a Board of Patent Interferences" and
inserting in lieu thereof "the Board of Patent Appeals and
Interferences"; and
(B) by striking out "the Board of Patent Interferences" and
inserting in lieu thereof "the Board of Patent Appeals and
Interferences".
(2) Section 305(e) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2457(e)) is amended by striking out "a Board of
Patent Interferences" and inserting in lieu thereof "the Board
of Patent Appeals and Interferences".
SAVINGS PROVISION
35 use 7 note. SEC. 206. Any individual who, on the effective date of this title, is
an examiner-in-chief of the Board of Patent Appeals of the Patent
and Trademark Office or an examiner of interferences of the Board
of Patent Interferences of such office shall be entitled to continue in
office as a member of the Board of Patent Appeals and Interferences
of the Patent and Trademark Office as of such effective date. PUBLIC LAW 98-622-NOV. 8, 1984 98 STAT. 3389
EFFECTIVE DATE
SEC. 207. Section 206 of this Act and the amendments made by 35 use 7 note.
this title shall take effect three months after the date of the
enactment of this Act.
TITLE III—NATIONAL COMMISSION ON INNOVATION AND
PRODUCTIVITY
ESTABLISHMENT
SEC. 301. There is hereby established a National Commission on
Innovation and Productivity (hereinafter in this title referred to as
the "Commission").
MEMBERSHIP OF COMMISSION
SEC. 302. (a) The Commission shall be composed of^
(1) three Members of the Senate appointed by the President of
the Senate;
(2) three Members of the House of Representatives appointed
by the Speaker of the House of Representatives; and
(3) three members appointed by the President of the United
States, one of whom the President shall designate as Chairman.
Of the members appointed by the President, one member should be
an appropriate officer or employee of the United States, one member
should be an employer who employs inventors, and one member
should be an employed inventor.
(b) At no time shall more than two of the members appointed
under paragraph (1), (2), or (3) of subsection (a) be persons who are
members of the same political party.
(c) Any vacancy in the Commission shall not affect its powers but
shall be filled in the same manner in which the original appoint­
ment was made, and subject to the limitation set forth in subsection
(b) with respect to the original appointment.
(d) Six members of the Commission shall constitute a quorum, but
a lesser number may conduct hearings.
DUTIES OF THE COMMISSION
SEC. 303. The Commission shall make a full and complete review study.
and study of the level of innovation and productivity of employed
inventors. Such study shall include an analysis of the various
methods available to inspire or stimulate individual and corporate
innovation and productivity, including an assessment of the tech­
niques used in other countries to achieve this objective. Such study
may include an assessment of those aspects of other areas of intel­
lectual property law that inspire or stimulate such innovation and
productivity. The Commission shall make recommendations for such
revisions of the laws of the United States, including the repeal of
unnecessary or undesirable statutes, and such other changes as the
Commission considers will better foster innovation and productivity.
COMPENSATION OF MEMBERS OF THE COMMISSION
SEC. 304. (a) A member of the Commission who is a Member of
Congress or a full-time officer or employee of the United States shall 98 STAT. 3390 PUBLIC LAW 98-622—NOV. 8, 1984
receive no additional compensation by reason of his or her service
on the Commission.
(b) Subject to amounts provided in advance in appropriations Acts,
a member of the Commission from private Ufe shall receive the daily
equivalent of the annual rate of basic pay payable for level III of the
5 use 5314. Executive Schedule for each day (including traveltime) during which
such member is engaged in the actual performance of duties vested
in the Commission, plus reimbursement for travel, subsistence, and
other necessary expenses incurred in the performance of such
duties, in accordance with subchapter I of chapter 57 of title 5,
5 use 5701. United States Code.
DIRECTOR AND STAFF
SEC. 305. (a) The Commission shall have a Director who shall be
appointed by the Commission and who shall be paid at a rate not to
exceed the rate of basic pay payable for level IV of the Executive
5 use 5315. Schedule. The Director, subject to the direction of the Commission,
shall supervise the activities of persons employed by the Commis­
sion and the preparation of the reports of the Commission and shall
perform such other duties as may be assigned to the Director by the
Commission.
(b) The Commission may appoint and fix the pay of such addi­
tional personnel as it considers appropriate.
(c) The staff of the Commission may be appointed without regard
to the provisions of title 5, United States Code, governing appoint­
ments in the competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of such
5 use 5101 et title relating to classification and General Schedule pay rates,
seq., 5331. except that no individual so appointed may receive pay in excess of
the maximum annual rate of basic pay payable for GS-16 of the
5 use 5332. General Schedule.
(d) The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
GOVERNMENT AGENCY COOPERATION
SEC. 306. The Commission is authorized to request from any
department, agency, or independent instrumentality of the Govern­
ment any information and assistance it considers necessary to carry
out its functions under this title. Each such department, agency, and
instrumentality is authorized to cooperate with the Commission
and, to the extent permitted by law, to furnish such information and
assistance to the Commission.
REPORT OF THE COMMISSION; TERMINATION
SEC. 307. The Commission shall submit interim reports on its
activities to the President and the Congress at such times as the
Commission considers appropriate, except that at least one such
report shall be so submitted within one year after the date of the
enactment of this Act. The Commission shall submit its final report
on its activities to the President and the Congress within two years
after such date of enactment. The Commission shall cease to exist
sixty days after the date of the submission of its final report. PUBLIC LAW 98-622—NOV. 8, 1984 98 STAT. 3391
ADMINISTRATIVE SERVICES
SEC. 308. The General Services Administration shall provide ad­
ministrative services for the Commission on a reimbursable basis.
AUTHORIZATION OF APPROPRIATIONS
SEC. 309. There is authorized to be appropriated $250,000 to carry
out this title.
EFFECTIVE DATE
SEC. 310. This title shall take effect on January 21,1985.
TITLE IV—MISCELLANEOUS PROVISIONS
INTERNATIONAL STAGE
SEC. 401. (a) Section 361(d) of title 35, United States Code, is
amended in the first sentence by inserting "or within one month
after the date of such filing" after "application".
Ot)) Section 366 of title 35, United States Code, is amended—
(1) in the first sentence—
(A) by inserting "after the date of withdrawal," after
"effect'^ and
(B) by inserting before the period the following: ", unless
a claim for the benefit of a prior filing date under section
365(c) of this part was made in a national application, or an
international application designating the United States,
filed before the date of such withdrawal"; and
(2) in the second sentence by inserting "withdrawn" after
"such".
NATIONAL STAGE
SEC. 402. (a) Section 371(a) of title 35, United States Code, is
amended—
(1) by striking out "is" and inserting in lieu thereof "may be";
and
(2) by striking out ", except those filed in the Patent Office".
(b) Section 3710t)) of title 35, United States Code, is amended to
read as follows:
"(b) Subject to subsection (f) of this section, the national stage
shall commence with the expiration of the applicable time limit
under article 22 (1) or (2) of the treaty.". 28 UST 7645.
(c) Section 371(cX2) of title 35, United States Code, is amended—
(1) by striking out "received from" and inserting in lieu
thereof "communicated by"; and
(2) by striking out "verified" before "translation".
(d) Section 371(d) of title 35, United States Code, is amended to
read as follows:
"(d) The requirements with respect to the national fee referred to
in subsection (cXD, the translation referred to in subsection (cX2),
and the oath or declaration referred to in subsection (cX4) of this
section shall be complied with bv the date of the commencement of
the national stage or by such later time as may be fixed by the
Commissioner. The copy of the international application referred to
in subsection (cX2) shall be submitted by the date of the commence­
ment of the national stage. Failure to comply with these require­
ments shall be regarded as abandonment of the application by the 98 STAT. 3392 PUBLIC LAW 98-622—NOV. 8, 1984
parties thereof, unless it be shown to the satisfaction of the Commis­
sioner that such failure to comply was unavoidable. The payment of
a surcharge may be required as a condition of accepting the national
fee referred to in subsection (c)(1) or the oath or declaration referred
to in subsection (c)(4) of this section if these requirements are not
met by the date of the commencement of the national stage. The
requirements of subsection (cX3) of this section shall be complied
with by the date of the commencement of the national stage, and
failure to do so shall be regarded as a cancellation of the amend­
ments to the claims in the international application made under
28 UST 7645. article 19 of the treaty.".
(e) Section 372(b) of title 35, United States Code, is amended—
(1) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof "; and"; and
(2) by adding at the end thereof the following:
"(3) the Commissioner may require a verification of the trans­
lation of the international application or any other document
pertaining to the application if the application or other docu­
ment was filed in a language other than English.".
(f) Section 372 of title 35, United States Code, is amended by
striking out subsection (c).
(g) Section 376(a) of title 35, United States Code, is amended by
striking out paragraph (5) and redesignating paragraph (6) as para­
graph (5).
TECHNICAL AMENDMENTS
35 use 351 et SEC. 403. (a) Title 35, United States Code, is amended by striking
s^Q- out "Patent Office" each place it appears and inserting in lieu
thereof "Patent and Trademark Office '.
(b) The table of parts at the beginning of title 35, United States
Code, is amended by adding at the end thereof the following:
"IV. Patent Cooperation Treaty 351".
PATENT FEES
35 use 41 note. SEC. 404. (a) Notwithstanding section 41 of title 35, United States
Code, as in effect before the enactment of Public Law 97-247 (96
Stat. 317), no fee shall be collected for maintaining a plant patent in
force.
(b) Notwithstanding section 41(c) of title 35, United States Code, as
in effect before the enactment of Public Law 97-247 (96 Stat. 317),
the Commissioner of Patents and Trademarks may accept, after the
six-month grace period referred to in such section 41(c), the payment
of any maintenance fee due on any patent based on an application
filed in the Patent and Trademark Office on or after December 12,
1980, and before August 27,1982, to the same extent as in the case of
patents based on applications filed in the Patent and Trademark
Office on or after August 27,1982.
TRADEMARK TRIAL AND APPEAL BOARD
SEC. 405. Section 3 of title 35, United States Code, is amended by
adding at the end thereof the following:
"(e) The members of the Trademark Trial and Appeal Board of the
Patent and Trademark Office shall each be paid at a rate not to
exceed the maximum rate of basic pay payable for GS-16 of the
5 use 5332. General Schedule under section 5332 of title 5.". PUBLIC LAW 98-622—NOV. 8, 1984 98 STAT. 3393
EFFECTIVE DATE
SEC. 406. (a) Section 404 of this Act and the amendments made by 35 use 351 note,
section 403 of this Act shall take effect on the date of the enactment
of this Act.
(b) The amendments made by sections 401,402, and 405 of this Act 35 use 3 note,
shall take effect six months after the date of the enactment of this
Act.
Approved November 8, 1984.
LEGISLATIVE HISTORY—H.R. 6286:
CONGRESSIONAL REGORD, Vol. 130 (1984):
Oct. 1, considered and passed House.
Oct. 11, considered and passed Senate, amended; House concurred in certain
Senate amendments and in another with an amendment; Senate concurred
in House amendment.
WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 45 (1984):
Nov. 9, Presidential statement.

Highlights content goes here...

Purpose

The Patent Law Amendments Act of 1984, Public Law 98-622, aims to enhance the effectiveness of patent laws in the United States. Enacted on November 8, 1984, this legislation seeks to promote innovation and productivity by streamlining the patent application process, improving enforcement mechanisms, and providing incentives for inventors.

Key Provisions

The Act comprises four titles, each addressing specific aspects of patent law reform. Key provisions include:

  1. Patent Improvement Provisions: This title introduces new subsections to Section 271 of Title 35, United States Code, relating to the unauthorized supply or use of patented inventions outside the United States.
  2. Statutory Invention Registration: A new provision allows applicants to publish a statutory invention registration containing the specification and drawings of their application without examination. This waiver of patent rights facilitates public disclosure and reduces the burden on the Patent and Trademark Office (PTO).
  3. Prior Art and Joint Inventors: The Act amends Section 103 to exclude prior art developed by another person, qualifying only under certain subsections, from precluding patentability. It also revises Section 116 to permit joint inventors to apply for a patent together.
  4. Arbitration of Interferences: This provision enables parties involved in patent interferences to determine the contest or any aspect thereof through arbitration.

Industry Impact

The Patent Law Amendments Act of 1984 is expected to have significant implications for various industries, including:

  1. Patent Enforcement: The new provisions on unauthorized supply or use of patented inventions outside the United States will enhance enforcement mechanisms and protect intellectual property rights.
  2. Innovation and Productivity: By streamlining the patent application process, improving public disclosure, and providing incentives for inventors, this legislation aims to stimulate innovation and productivity in various sectors.
  3. Patent Litigation: The changes to prior art and joint inventor provisions may influence patent litigation outcomes, potentially leading to more efficient resolution of disputes.

Updates/Amendments

The Act amends several sections of Title 35, United States Code, including:

  1. Section 7: Renaming the Board of Patent Appeals as the Board of Patent Appeals and Interferences.
  2. Section 135(a): Clarifying the procedure for declaring patent interferences.
  3. Sections 141, 145, and 146: Updating provisions related to appeals and civil actions.
  4. Section 41(aX6): Correcting a reference to the Board of Patent Appeals.

The effective date of this legislation varies depending on the specific provision, with some taking effect immediately and others being phased in over time.

Congress.gov

Quick Insight
RADA.AI
RADA.AI
Hello! I'm RADA.AI - Regulatory Analysis and Decision Assistance. Your Intelligent guide for compliance and decision-making. How can i assist you today?
Suggested

Form successfully submitted. One of our GRI rep will contact you shortly

Thanking You!

Enter your Email

Enter your registered username/email id.

Enter your Email

Enter your email id below to signup.

Enter your Email

Enter your email id below to signup.
Individual Plan
$125 / month OR $1250 / year
Features
Best for: Researchers, Legal professionals, Academics
Enterprise Plan
Contact for Pricing
Features
Best for: Law Firms, Corporations, Government Bodies