Page:United States Statutes at Large Volume 108 Part 6.djvu/420

 108 STAT. 4988 PUBLIC LAW 103-465—DEC. 8, 1994 (B) by striking the item relating to section 119 and inserting the following: "119. Benefit of earlier filing date; right of priority.". SEC. 533. PATENT RIGHTS. (a) DEFINITION OF INFRINGEMENT.— Section 271 of title 35, United States Code, is amended— (1) in subsection (a)— (A) by inserting ", offers to seU," after "uses"; and (B) by inserting "or imports into the United States any patented invention" after "the United States"; (2) in subsection (c), by striking "sells" and inserting "offers to sell or sells within the United States or imports into the United States"; (3) in subsection (e)— (A) in paragraph (1), by striking "or sell" and inserting "offer to sell, or sell within the United States or import into the United States"; (B) in paragraph (3), by striking "or selling" and inserting "offering to sell, or seUing within the United States or importing into the United States"; (C) in paragraph (4)(B), by striking "or sale" and inserting "offer to sell, or sale within the United States or importation into the United States"; and (D) in paragraph (4)(C), by striking "or sale" and inserting "offer to sell, or sale within the United States or importation into the United States"; (4) in subsection (g)— (A) by striking "sells" and inserting "offers to sell, seUs,"; (B) by striking "importation, sale," and inserting "importation, offer to sell, sale,"; and (C) by striking "other use or" and inserting "other use, offer to sell, or'; and (5) by adding at the end the following: "(i) As used in this section, an 'offer for sale' or an 'offer to sell' by a person other than the patentee, or any designee of the patentee, is that in which the sale will occur before the expiration of the term of the patent". (b) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 41(c) of title 35, United States Code, is amended to read as follows: "(2) A patent, the term ' of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or affect the right of any person or that person's successors in business who made, purchased, offered to sell, or used anything protected by the patent within the United States, or imported anything protected by the patent into the United States sifter the 6-month grace period but prior to the acceptance of a maintenance fee under this subsection, to continue the use of, to offer for sale, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, or used within the United States, or imported into the United States, as specified, or for the manufacture, use, offer for sale,

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