Page:United States Statutes at Large Volume 98 Part 3.djvu/1020

 98 STAT. 3392

28 UST 7645.

PUBLIC LAW 98-622—NOV. 8, 1984

parties thereof, unless it be shown to the satisfaction of the Commissioner that such failure to comply was unavoidable. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article 19 of the treaty.". (e) Section 372(b) of title 35, United States Code, is amended— (1) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (2) by adding at the end thereof the following: "(3) the Commissioner may require a verification of the translation of the international application or any other document pertaining to the application if the application or other document was filed in a language other than English.". (f) Section 372 of title 35, United States Code, is amended by striking out subsection (c). (g) Section 376(a) of title 35, United States Code, is amended by striking out paragraph (5) and redesignating paragraph (6) as paragraph (5). TECHNICAL AMENDMENTS

35 USC 351 et s^Q-

SEC. 403. (a) Title 35, United States Code, is amended by striking out "Patent Office" each place it appears and inserting in lieu thereof "Patent and Trademark Office '. (b) The table of parts at the beginning of title 35, United States Code, is amended by adding at the end thereof the following: "IV. Patent Cooperation Treaty

351". PATENT FEES

35 USC 41 note.

SEC. 404. (a) Notwithstanding section 41 of title 35, United States Code, as in effect before the enactment of Public Law 97-247 (96 Stat. 317), no fee shall be collected for maintaining a plant patent in force. (b) Notwithstanding section 41(c) of title 35, United States Code, as in effect before the enactment of Public Law 97-247 (96 Stat. 317), the Commissioner of Patents and Trademarks may accept, after the six-month grace period referred to in such section 41(c), the payment of any maintenance fee due on any patent based on an application filed in the Patent and Trademark Office on or after December 12, 1980, and before August 27, 1982, to the same extent as in the case of patents based on applications filed in the Patent and Trademark Office on or after August 27, 1982. TRADEMARK TRIAL AND APPEAL BOARD

5 USC 5332.

SEC. 405. Section 3 of title 35, United States Code, is amended by adding at the end thereof the following: "(e) The members of the Trademark Trial and Appeal Board of the Patent and Trademark Office shall each be paid at a rate not to exceed the maximum rate of basic pay payable for GS-16 of the General Schedule under section 5332 of title 5.".

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