Page:United States Statutes at Large Volume 113 Part 2.djvu/1083

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-565 "(4) REQUIREMENTS FOR iNTERNATioNili. APPLICATIONS.— "(A) EFFECTIVE DATE.—The right under paragraph (1) to obtain a reasonable royalty based upon the publication under the treaty defined in section 351(a) of an international application designating the United States shall commence on the date on which the Patent and Trademark Office receives a copy of the publication under the treaty of the international application, or, if thie publication under the treaty of the international application is in a language other than English, on the date on which the Patent and Trademark Office receives a translation of the international application in the English language. "(B) COPIES. —The Director may resquire the applicant to provide a copy of the international application and a translation thereof.". SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS. Section 102(e) of title 35, United States Code, is amended to read as follows: "(e) The invention was described in— "(1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effect under this subsection of a national application published under section 122(b) only if the international application designating the United States \vas published under Article 21(2)(a) of such treaty in the English language; or "(2) a patent granted on an applicsition for patent by another filed in the United States before the invention by the applicant for patent, except that a ]patent shall not be deemed filed in the United States for the purposes of this subsection based on the filing of an international application filed under the treaty defined in section 351(a); or". SEC. 4506. COST RECOVERY FOR PUBLICATION. The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall recover the cost of early publication required by the amendment made by section 4502 by charging a separate publication fee after notice of allowance is given under section 151 of title 35, United States Code. SEC. 4507. CONFORMING AMENDMENTS. The following provisions of title 35, United States Code, are amended: (1) Section 11 is amended in paragraph 1 of subsection (a) by inserting "and published applicatioicis for patents" after "Patents". (2) Section 12 is amended— (A) in the section caption by inserting "and applications" after "patents"; and (B) by inserting "and published applications for patents" after "patents". (3) Section 13 is amended— (A) in the section caption by inserting "and applications" after "patents"; and

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