Page:United States Statutes at Large Volume 79.djvu/301

 79 STAT. ]

PUBLIC LAW 89-84-JULY 24, 1965

261

SEC. 5. Section 154 of title 35, United States Code, is amended by «« ^'^^- 804. inserting the words "subject to the payment of issue fees as provided for in this title," after the words "seventeen years,". SEC. 6. The analysis of chapter 14 of title 35, United States Code, immediately preceding section 151, is amended in the first item thereof by striking out the words "Time of issue of patent" and inserting in lieu thereof "Issue of patent". SEC. 7. (a) This Act shall take effect three months after its Effective date. enactment. (b) Items 1,3, and 4 of section 41(a) of title 35, United States Code, as amended by section 1 of this Act, do not apply in further proceedings in applications filed prior to the effective date of this Act. (c) Item 2 of section 41(a), as amended by section 1 of this Act, and section 4 of this Act do not apply in cases in which the notice of allowance of the application was sent, or in which a patent issued, prior to the effective date; and, in such cases, the fee due is the fe« specified in this title prior to the effective date of this Act. (d) Item 3 of section 31 of the Trademark Act, as amended by section 3 of this Act, applies only in the case of registrations issued and registrations published under the provisions of section 12(c) of the Trademark Act on or after the effective date of this Act. ^° ^^^ ^^f^^^ SEC. 8. Section 266 of title 35, United States Codej is repealed. Repeal. The chapter analysis of chapter 27 of title 35, United States Code, ee Stat. sii. is amended by striking out the following item: "266. Issue of patents without fees to Government employees." SEC. 9. Section 112 of title 35, United States Code, is amended by adding to the second paragraph thereof the following sentence: " A claim may be written in independent or dependent form, and if in dependent form, it shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim." SEC. 10. Section 282 of title 35, United States Code, is amended by ^^^iJi^y!^' deletion of the first paragraph thereof and substituting therefor the following paragraph: "A patent shall be presumed valid. Each claim of a patent (whether in independent or dependent form) shall be presumed valid independently of the validity of other claims; dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting it." Approved July 24, 19B5. Public Law 89-84 AN ACT To amend the Act establishing the United States-Puerto Rico Commission on the Status of Puerto Rico.

j^jy 2^^ jggg [S' 2154]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Report to conFebruary 20, 1964 (78 Stat. 17), is amended as follows: Zllloll"" *" (1) In section 4 strike out "the opening day of the second session 48 USC 731 of the Eighty-ninth United States Congress" and insert in lieu thereof "°*^"September 30, 1966". (2) In section 5 strike out "$250,000" and insert in lieu thereof >^propriai.ion. "$465,000". Approved July 24, 1965.

�