Page:United States Statutes at Large Volume 108 Part 6.djvu/419

 • 4'-(S?^- - PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4987 under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. "(C) Upon failure to submit the fee 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 was imavoidable or unintentional. (4) FILING DATE.— The filing date of a provisional apphcation shall be the date on which the specification and anv required drawing are received in the Patent and Trademark Office. "(5) ABANDONMISNT. — The provisional appHcation shall be regarded as abandoned 12 months after the nling date of such application and shall not be subject to revival thereafter. " (6) OTHER BASIS FOR PROVISIONAL APPLICATION.—Subiect to all the conditionis in this subsection and section 119(e) of this title, and as prescribed by the Commissioner, an application for patent filed under subsection (a) may be treated as a provisional application for patent. "(7) No RIGHT OF PRIORITY OR BENEFIT OF EARLIEST FIUNG DATE. —^A provisional application shall not be entitled to the right of priority of any other application under section 119 or 365(a) of this title or to the benefit of an earlier filing date in the United States under section 120, 121, or 365(c) of this title. "(8) APPLICABLE; PROVISIONS. —The provisions of this title relating to applications for patent shall apply to provisional applications for patent, except as otherwise provided, and except that provisional applications for patent shall not be subject to sections 115,131,135, and 157 of this title.". (c) CONFORMING CH/LNGES. — (1) Section 156(a)(2) of title 35, United States Code, is amended by inserting **under subsection (e)(1) of this section" (2) Section 172 of title 35, United States Code, is amended— (A) by striking "section 119" and inserting "subsections (a) through (d) of section 119"; and (B) by inserting at the end the following new sentence: "The right of priority provided for by section 119(e) of this title shall not apply to designs.". (3) Section 173 of title 35, United States Code, is amended by inserting "fix>m the date of grant" after "years". (4) Section 365 of title 35, United States Code, is amended— (A) in subsection (a), by striking "section 119" and inserting "subsections (a) through (d) of section 119"; and (B) in subsection (b), by stnking "the first paragraph of section 119" and inserting "section 119(a)". (5) Section 373 of title 35, United States Code, is amended by striking "section 119" and inserting "subsections (a) through (d) of section 119". (6) The table of sections for chapter 11 of title 35, United States Code, is amended— (A) by striking the item relating to section 111 and inserting the following: " 111. Application."; and

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