Page:United States Statutes at Large Volume 102 Part 2.djvu/563

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1567

to subsections (b) and (c), shall apply only with respect to products made or imported after the effective date of the amendments made by this subtitle. (b) EXCEPTIONS.—The amendments made by this subtitle shall not abridge or affect the right of any person or any successor in business of such person to continue to use, sell, or import any specific product already in substantial and continuous sale or use by such person in the United States on January 1, 1988, or for which substantial preparation by such person for such sale or use was made before such date, to the extent equitable for the protection of commercial investments made or business commenced in the United States before such date. This subsection shall not apply to any person or any successor in business of such person using, selling, or importing a product produced by a patented process that is the subject of a process patent enforcement action commenced before January 1, 1987, before the International Trade Commission, that is pending or in which an order has been entered. (c) RETENTION OF OTHER REMEDIES.—The amendments made by this subtitle shall not deprive a patent owner of any remedies available under subsections (a) through (f) of section 271 of title 35, United States Code, under section 337 of the Tariff Act of 1930, or under any other provision of law. SEC. 9007. REPORTS TO CONGRESS.

35 USC 271 note.

(a) CONTENTS.—The Secretary of Commerce shall, not later than the end of each 1-year period described in subsection Os), report to the Congress on the effect of the amendments made by this subtitle on those domestic industries that submit complaints to the Department of Commerce, during that 1-year period, alleging that their legitimate sources of supply have been adversely affected by the amendments made by this subtitle. 03) WHEN SUBMITTED.—A report described in subsection (a) shall

be submitted with respect to each of the five 1-year periods which occur successively beginning on the effective aate of the amendments made by this subtitle and ending five years after that effective date.

Subtitle B—Foreign Filing SEC. 9101. INCREASED EFFECTIVENESS OF PATENT LAW.

Patent Law

(a) SHORT TITLE.—This section may be cited as the "Patent Law Amendments Foreign Filing Amendments Act of 1988". Act of 1988. 0)) FILING OF APPLICATIONS IN FOREIGN COUNTRIES.—(1) Section 35 USC i note. 184 of title 35, United States Code, is amended— (A) in the third sentence by— (i) striking out "inadvertently"; and (,ii) inserting "through error and without deceptive intent" after "filed abroad"; and (B) by adding at the end thereof the following new paragraph: "The scope of a license shall permit subsequent modifications, amendments, and supplements containing additional subject matter if the application upon which the request for the license is based is not, or was not, required to be made available for inspection under section 181 of this title and if such modifications, amendments, and supplements do not change the general nature of the invention in a manner which would require such application to be made available

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