Page:United States Statutes at Large Volume 116 Part 3.djvu/311

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1903 "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 or (2) a patent granted on an application for patent 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 effects for the purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language; or'.". (2) Section 4507 is amended— (A) in paragraph (1), by striking "Section 11" and 35 USC 10. inserting "Section 10"; (B) in paragraph (2), by striking "Section 12" and 35 USC 11. inserting "Section 11". (C) in paragraph (3), by striking "Section 13" and 35 USC 12. inserting "Section 12"; (D) in paragraph (4), by striking "12 and 13" and inserting "11 and 12"; (E) in section 374 of title 35, United States Code, 35 USC 374. as amended by paragraph (10), by striking "confer the same rights and shall have the same effect under this title as an application for patent published" and inserting "be deemed a publication"; and (F) by adding at the end the following: "(12) The item relating to section 374 in the table of contents for chapter 37 of title 35, United States Code, is amended to read as follows: " '374. Publication of international application.'". (3) Section 4508 is amended to read as follows: 35 USC i0note. "SEC. 4508. EFFECTIVE DATE. "Except as otherwise provided in this section, sections 4502 through 4504 and 4506 through 4507, and the amendments made by such sections, shall be effective as of November 29, 2000, and shall apply only to applications (including international applications designating the United States) filed on or after that date. The amendments made by section 4504 shall additionally apply to any pending application filed before November 29, 2000, if such pending application is published pursuant to a request of the applicant under such procedures as may be established by the Director. Except as otherwise provided in this section, the amendments made by section 4505 shall be effective as of November 29, 2000 and shall apply to all patents and all applications for patents pending on or filed after November 29, 2000. Patents resulting from an international application filed before November 29, 2000 and applications published pursuant to section 122(b) or Article 21(2) of the treaty defined in section 351(a) resulting from an international application filed before November 29, 2000 shall not be effective as prior art as of the filing date of the international application; however, such patents shall be effective as prior art in accordance with section 102(e) in effect on November 28, 2000.".

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