Page:United States Statutes at Large Volume 108 Part 6.djvu/417

 c*5^g9S5^.::: PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4985 Round Agreements Act shall be the greater of the 20-year term as provided in. subsection (a), or 17 years from grant, subject to any terminal disclaimers. "(2) REMEDIES. — The remedies of sections 283, 284, and 285 of this title shall not apply to Acts which— "(A) were commenced or for which substantial investment was made before the date that is 6 months after the date of the enactment of the Uruguay Roxind Agreements Act; and "(3) REMUNERATION. —The acts referred to in paragraph (2) may be continued only upon the payment of an equitable remuneration to the patentee that is determined in an action brought under chapter 28 and chapter 29 (other than those provisions excluded by paragraph (2)) of this title.". (2) PROVISION OF FURTHER LIMITED REXAMINATION AND 35 USC 154 note. CONDITIONS OF RESTRICTION REQUIREMENTS.—(A) The Commis- Regulations. sioner of Patents and Trademarks shall prescribe regiilations to provide for further limited rexamination of appHcations that have been pending for 2 years or longer as of the effective date of section 154(a)(2) of title 35, United States Code, as added by paragraph (1) of this subsection, taking into account any reference made in such application to any earlier filed application under section 120, 121, or 365(c) of such title. The Commissioner may establish appropriate fees for such further limited rexamination. (B) The Commissioner of Patents and Trademarks shall prescribe regulations to provide for the examination of more than 1 independent and distinct invention in an application that has been pending for 3 years or longer as of the effective date of section 154(a)(2) of title 35, United States Code, as added by paragraph (1) of this subsection, taking into account any reference made in such application to any earlier filed application under section 120, 121, or 365(c) of such title. The Conunissioner may establish appropriate fees for such examination. (b) ESTABLISHMENT OF A DOMESTIC PRIORITY SYSTEM. — (1) IN GENERAL,.— Section 119 of title 35, United States Code, is amended— (A) by amending the section caption to read as follows: (B) by designating the undesignated paragraphs as subsections (a), (b), (c), and (d), respectively; and (C) by adding at the end the following: "(e)(1) An application for patent filed under section 111(a) or section 363 of this title for an invention disclosed in the manner provided by the first paragraph of section 112 of this title in a provisional application filed under section 111(b) of this title, by an inventor or inventors named in the provisional application, snaU have the same effect, as to such invention, as though filed on the date of the provisional ^plication filed under section 111(b) of this title, if the application for patent filed under section 111(a) or section 363 of this title is filed not later than 12 months after the date on which the provisional application was filed and if it contains or is simended to contain a specific reference to the provisional application. 79-194 O—95—14: QL 3 Part 6
 * (B) became infringing by reason of paragraph (1).
 * § 119. Benefit of earlier filing date; right of priority";

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