Page:United States Statutes at Large Volume 89.djvu/752

 89 STAT. 692

PUBLIC LAW 94-131—NOV. 14, 1975

"§120. BenejSt of earlier filing date in the United States "An application for patent for an invention disclosed in the manner Ante, p. 691. provided by the first paragraph of section 112 of this title in an application previously filed in the United States, or as provided by section Ante, p. 686. 363 of this title, by the same inventor shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application.". SEC. 10. The first paragraph of section 282 of title 35, United States Code, is amended to read as follows: "§282. Presumption of validity; defenses "A patent shall be presumed valid. Each claim of a patent (whether in independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity of other claims; dependent or multiple 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 such invalidity.". Effective dates. SEC. 11. (a) Section 1 of this Act shall come into force on the same 35 USC 351 note, day as the entry into force of the Patent Cooperation Treaty with respect to the United States. It shall apply to international and national applications filed on and after this effective date, even though entitled to the benefit of an earlier filing date, and to patents issued on such applications. (b) Sections 2 to 10 of this Act shall take effect on the same day as section 1 of this Act and shall apply to all applications for patent actually filed in the United States on and after this effective date, as well as to international applications where applicable. (c) Applications for patent on file in the Patent Office on the effective date of this Act, and patents issued on such applications, shall be governed by the provisions of title 35, United States Code, in effect immediately prior to the effective date of this Act. Approved November 14, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-592 (Comm. on the Judiciary). SENATE REPORT No. 94-215 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 121 (1975): June 21, considered and passed Senate. Nov. 3, considered and passed House.

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