Page:United States Statutes at Large Volume 108 Part 6.djvu/418

 108 STAT. 4986 PUBLIC LAW 103-465—DEC. 8, 1994 "(2) A provisional application filed under section 111(b) of this title may not be reUed upon in any proceeding in the Patent and Trademark Office unless the fee set forth in subparagraph (A) or (C) of section 41(a)(1) of this title has been paid and the provisional application was pending on the filing date of the application for patent under section 111(a) or section 363 of this title.". (2) FEES. — Section 41(a)(1) of title 35, United States Code, is amended by adding at the end the following: "(C) On filing each provisional application for an original patent, $150.". (3) APPLICATIONS. —Section 111 of title 35, United States Code, is amended to read as follows: "§111. Application "(a) IN GENERAL.— "(1) WRITTEN APPLICATION. —An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. "(2) CONTENTS.— Such application shall include— "(A) a specification as prescribed by section 112 of this title; "(B) a drawing as prescribed by section 113 of this title; and "(C) an oath by the applicant as prescribed by section 115 of this title. "(3) FEE AND OATH.— The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and tmder such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. "(4) FAILURE TO SUBMIT.— Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oatii was unavoidable or unintentional. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office. "(b) PROVISIONAL APPLICATION.— "(1) AUTHORIZATION. —^A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include— "(A) a specification as prescribed by the first paragraph of section 112 of this title; and "(B) a drawing as prescribed by section 113 of this title. "(2) CLAIM.—^A claim, as required by the second through fifth paragraphs of section 112, shall not be required in a provisional application. "(3) FEE.- — (A) The application must be accompanied by the fee required by law. "(B) The fee may be submitted after the specification and any required drawing are submitted, within such period and

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