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H.R. 6286Became Law

Patent Law Amendments of 1984

(Measure passed Senate, amended)

Patent Law Amendments Act of 1984 - Title I: Patent Improvement Provisions - Amends the patent laws to make it an infringement of patent to supply without authority in or from the United States the material components of a patented invention in such a manner as to actively induce their combination outside the United States if their combination in this country would constitute an infringement. Makes it an infringement to supply without authority in or from the United States any component of a patented invention especially adapted for use in that invention and not a staple of commerce suitable for noninfringing uses, knowing that such component will be combined outside the United States in a manner which would constitute infringement were it to occur inside the United States.

Authorizes the Commissioner of Patents and Trademarks to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant waives the right to receive a patent on the invention within a prescribed period and pays established fees. Makes such registration effective upon publication. Endows such registration with all the attributes of a patent except the right to compensation for Government-ordered secrecy and for infringement.

Amends the Lanham Act to permit the Commissioner to grant a concurrent trademark registration without dual preapplication (filing) use when the owner of the pending application consents to such a grant to the other applicant.

Excludes from prior art (knowledge held by a person having ordinary skill in the art to which the subject matter of the patent applies) unpublished information developed by a person other than the applicant when the subject matter and invention claimed were owned by the same person or entity at the time the invention was made. (Subject matter deemed prior art is non-patentable.)

States that when joint inventors jointly apply for a patent they need not have made a contribution to each claim contained in the application.

Permits arbitration of issues arising when a patent application is made which would interfere with any pending or unexpired patent (patent interference).

Title II: Patent and Trademark Office Procedures - Merges the Board of Appeals and the Board of Patent Interferences into the Board of Patent Appeals and Interferences.

Title III: National Commission on Innovation and Productivity - Establishes a National Commission on Innovation and Productivity to review and study the level of innovation and productivity of employed inventors. Requires that the study include an analysis of methods available from domestic and foreign sources to stimulate individual and corporate innovation and productivity. Sets forth terms and conditions of Commission membership and operation.

Authorizes the Commission and the Federal agencies to cooperate in the gathering of information. Directs the Commission to report to the President and Congress on an interim basis, with a final report due within two years after enactment of this Act. Terminates the Commission within a specified period after the final report is filed. Authorizes appropriations.

Title IV: Miscellaneous Provisions - Permits the basic fee portion of an international fee to be paid within one month of filing (rather than upon filing as required under current law). States that the designation of the United States as the country in which patent is sought in an international patent filed under the patent cooperation treaty shall continue to have effect until the international application is withdrawn if a claim for the benefit of a prior filing date is made before such application is ultimately withdrawn.

Renders permissible (rather than mandatory as under current law) the receipt from the International Bureau of all international applications and search reports for international applications designating the United States.

Permits the Commissioner to fix a later time for the completion of certain requirements than the commencement of the national stage of an international application. States that failure to submit a copy of the application by commencement and lack of compliance with other specified requirements shall be regarded as abandonment of the application. Permits the Commissioner to receive a verification of the translation of an international application. (Under current law such receipt is mandatory.) Permits a surcharge to be levied as a condition for accepting the national fee or the oath or declaration if these requirements are not met by the commencement of the national stage. Eliminates the special fee and restoration of patent provisions for claims not searched in the international stage and later found not to comply with the requirement for unity of invention under the treaty.

Prohibits the collection of fees for maintaining a plant patent in force.

Sets the rate of compensation for members of the Trademark Trial and Appeal Board of the Patent and Trademark Office.

Became Public Law No: 98-622.

Rep. Kastenmeier, Robert W. [D-WI-2](D-WI)Sponsor
10 cosponsors5 D5 R
10cosponsors2committees26actions1amendments19subjects
  1. PresidentE40000

    Became Public Law No: 98-622.

  2. BecameLaw36000

    Became Public Law No: 98-622.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. Floor

    Measure Signed in Senate.

  8. ResolvingDifferences

    Senate agreed to the House amendment to the Senate amendment by Voice Vote.

  9. NotUsed20500

    Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate amendment by Voice Vote.

  10. ResolvingDifferencesH41610

    House Concurred, in Senate Amendment 006 , with Amendments.

  11. NotUsed19500

    Resolving differences -- House actions: House Concurred, in Senate Amendment 006 , with Amendments.

  12. ResolvingDifferencesH41610

    House Agreed to Senate Amendments 001, 002, 003, 004, 005, 007, 008, 009.

  13. NotUsed19500

    Resolving differences -- House actions: House Agreed to Senate Amendments 001, 002, 003, 004, 005, 007, 008, 009.

  14. Floor

    Passed Senate with an amendment by Voice Vote.

  15. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

  16. Floor

    Measure laid before Senate by unanimous consent.

  17. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 1324.

  18. Discharge

    Senate Committee on Judiciary discharged by Unanimous Consent.

    Judiciary Committee
  19. Committee14500

    Senate Committee on Judiciary discharged by Unanimous Consent.

    Judiciary Committee
  20. IntroReferral

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  21. FloorH37100

    Passed House (Amended) by Voice Vote.

  22. Floor8000

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

  23. FloorH30000

    Called up by House Under Suspension of Rules.

  24. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  25. IntroReferralIntro-H

    Introduced in House

  26. IntroReferral1000

    Introduced in House

Oct 11, 198435
(Measure passed Senate, amended)

Patent Law Amendments Act of 1984 - Title I: Patent Improvement Provisions - Amends the patent laws to make it an infringement of patent to supply without authority in or from the United States the material components of a patented invention in such a manner as to actively induce their combination outside the United States if their combination in this country would constitute an infringement. Makes it an infringement to supply without authority in or from the United States any component of a patented invention especially adapted for use in that invention and not a staple of commerce suitable for noninfringing uses, knowing that such component will be combined outside the United States in a manner which would constitute infringement were it to occur inside the United States.

Authorizes the Commissioner of Patents and Trademarks to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant waives the right to receive a patent on the invention within a prescribed period and pays established fees. Makes such registration effective upon publication. Endows such registration with all the attributes of a patent except the right to compensation for Government-ordered secrecy and for infringement.

Amends the Lanham Act to permit the Commissioner to grant a concurrent trademark registration without dual preapplication (filing) use when the owner of the pending application consents to such a grant to the other applicant.

Excludes from prior art (knowledge held by a person having ordinary skill in the art to which the subject matter of the patent applies) unpublished information developed by a person other than the applicant when the subject matter and invention claimed were owned by the same person or entity at the time the invention was made. (Subject matter deemed prior art is non-patentable.)

States that when joint inventors jointly apply for a patent they need not have made a contribution to each claim contained in the application.

Permits arbitration of issues arising when a patent application is made which would interfere with any pending or unexpired patent (patent interference).

Title II: Patent and Trademark Office Procedures - Merges the Board of Appeals and the Board of Patent Interferences into the Board of Patent Appeals and Interferences.

Title III: National Commission on Innovation and Productivity - Establishes a National Commission on Innovation and Productivity to review and study the level of innovation and productivity of employed inventors. Requires that the study include an analysis of methods available from domestic and foreign sources to stimulate individual and corporate innovation and productivity. Sets forth terms and conditions of Commission membership and operation.

Authorizes the Commission and the Federal agencies to cooperate in the gathering of information. Directs the Commission to report to the President and Congress on an interim basis, with a final report due within two years after enactment of this Act. Terminates the Commission within a specified period after the final report is filed. Authorizes appropriations.

Title IV: Miscellaneous Provisions - Permits the basic fee portion of an international fee to be paid within one month of filing (rather than upon filing as required under current law). States that the designation of the United States as the country in which patent is sought in an international patent filed under the patent cooperation treaty shall continue to have effect until the international application is withdrawn if a claim for the benefit of a prior filing date is made before such application is ultimately withdrawn.

Renders permissible (rather than mandatory as under current law) the receipt from the International Bureau of all international applications and search reports for international applications designating the United States.

Permits the Commissioner to fix a later time for the completion of certain requirements than the commencement of the national stage of an international application. States that failure to submit a copy of the application by commencement and lack of compliance with other specified requirements shall be regarded as abandonment of the application. Permits the Commissioner to receive a verification of the translation of an international application. (Under current law such receipt is mandatory.) Permits a surcharge to be levied as a condition for accepting the national fee or the oath or declaration if these requirements are not met by the commencement of the national stage. Eliminates the special fee and restoration of patent provisions for claims not searched in the international stage and later found not to comply with the requirement for unity of invention under the treaty.

Prohibits the collection of fees for maintaining a plant patent in force.

Sets the rate of compensation for members of the Trademark Trial and Appeal Board of the Patent and Trademark Office.

Oct 1, 198436
(Measure passed House, amended)

Patent Law Amendments Act of 1984 - Title I: Patent Improvement Provisions - Amends the patent laws to make it an infringement of patent to import or sell in the United States without authority a product made in another country by a process patented in the United States. Makes it an infringement of patent to supply without authority in or from the United States the material components of a patented invention in such a manner as to actively induce their combination outside the United States if their combination in this country would constitute an infringement. Makes it an infringement to supply without authority in or from the United States any component of a patented invention especially adapted for use in that invention and not a staple of commerce suitable for noninfringing uses, knowing that such component will be combined outside the United States in a manner which would constitute infringement were it to occur inside the United States.

Authorizes the Commissioner of Patents and Trademarks to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant waives the right to receive a patent on the invention within a prescribed period and pays established fees. Makes such registration effective upon publication. Endows such registration with all the attributes of a patent except the right to compensation for Government-ordered secrecy and for infringement.

Modifies the procedure for filing a patent application in a foreign country to eliminate the need for a license for modifications of explanatory information transmitted to or filed in a foreign country for patents on which no secrecy order has been issued. Eliminates criminal penalties for the failure to obtain a license for a patent application that is not subject to a secrecy order.

Excludes from prior art (knowledge held by a person having ordinary skill in the art to which the subject matter of the patent applies) unpublished information developed by a person other than the applicant when the subject matter and invention claimed were owned by the same person or entity at the time the invention was made. (Subject matter deemed prior art is non-patentable.)

States that when joint inventors jointly apply for a patent they need not have made a contribution to each claim contained in the application.

Permits arbitration of issues arising when a patent application is made which would interfere with any pending or unexpired patent (patent interference).

Title II: Patent and Trademark Office Procedures - Merges the Board of Appeals and the Board of Patent Interferences into the Board of Patent Appeals and Interferences.

Title III: National Commission on Innovation and Productivity - Establishes a National Commission on Innovation and Productivity to review and study the level of innovation and productivity of employed inventors. Requires that the study include an analysis of methods available from domestic and foreign sources to stimulate individual and corporate innovation and productivity. Sets forth terms and conditions of Commission membership and operation.

Authorizes the Commission and the Federal agencies to cooperate in the gathering of information. Directs the Commission to report to the President and Congress on an interim basis, with a final report due within two years after enactment of this Act. Terminates the Commission within a specified period after the final report is filed. Authorizes appropriations.

Title IV: Miscellaneous Provisions - Permits the basic fee portion of an international fee to be paid within one month of filing (rather than upon filing as required under current law). States that the designation of the United States as the country in which patent is sought in an international patent filed under the patent cooperation treaty shall continue to have effect until the international application is withdrawn if a claim for the benefit of a prior filing date is made before such application is ultimately withdrawn.

Renders permissible (rather than mandatory as under current law) the receipt from the International Bureau of all international applications and search reports for international applications designating the United States.

Permits the Commissioner to fix a later time for the completion of certain requirements than the commencement of the national stage of an international application. States that failure to submit a copy of the application by commencement and lack of compliance with other specified requirements shall be regarded as abandonment of the application. Permits the Commissioner to receive a verification of the translation of an international application. (Under current law such receipt is mandatory.) Permits a surcharge to be levied as a condition for accepting the national fee or the oath or declaration if these requirements are not met by the commencement of the national stage. Eliminates the special fee and restoration of patent provisions for claims not searched in the international stage and later found not to comply with the requirement for unity of invention under the treaty.

Prohibits the collection of fees for maintaining a plant patent in force.

Sets the rate of compensation for members of the Trademark Trial and Appeal Board of the Patent and Trademark Office.

Sep 20, 198400

Patent Law Amendments Act of 1984 - Title I: Patent Improvement Provisions - Amends the patent laws to make it an infringement of patent to import or sell in the United States without authority a product made in another country by a process patented in the United States. Makes it an infringement of patent to supply without authority in or from the United States the material components of a patented invention in such a manner as to actively induce their combination outside the United States if their combination in this country would constitute an infringement. Makes it an infringement to supply without authority in or from the United States any component of a patented invention especially adapted for use in that invention and not a staple of commerce suitable for noninfringing uses, knowing that such component will be combined outside the United States in a manner which would constitute infringement were it to occur inside the United States.

Authorizes the Commissioner of Patents and Trademarks to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant waives the right to receive a patent on the invention within a prescribed period and pays established fees. Makes such registration effective upon publication. Endows such registration with all the attributes of a patent except the right to compensation for Government-ordered secrecy and for infringement.

Modifies the procedure for filing a patent application in a foreign country to eliminate the need for a license for modifications of explanatory information transmitted to or filed in a foreign country for patents on which no secrecy order has been issued. Eliminates criminal penalties for the failure to obtain a license for a patent application that is not subject to a secrecy order.

Excludes from prior art (knowledge held by a person having ordinary skill in the art to which the subject matter of the patent applies) unpublished information developed by a person other than the applicant when the subject matter and invention claimed were owned by the same person or entity at the time the invention was made. (Subject matter deemed prior art is non-patentable.)

States that when joint inventors jointly apply for a patent they need not have made a contribution to each claim contained in the application.

Permits arbitration of issues arising when a patent application is made which would interfere with any pending or unexpired patent (patent interference).

Title II: Patent and Trademark Office Procedures - Merges the Board of Appeals and the Board of Patent Interferences into the Board of Patent Appeals and Interferences.

Title III: National Commission on Innovation and Productivity - Establishes a National Commission on Innovation and Productivity to review and study the level of innovation and productivity of employed inventors. Requires that the study include an analysis of methods available from domestic and foreign sources to stimulate individual and corporate innovation and productivity. Sets forth terms and conditions of Commission membership and operation.

Authorizes the Commission and the Federal agencies to cooperate in the gathering of information. Directs the Commission to report to the President and Congress on an interim basis, with a final report due within two years after enactment of this Act. Terminates the Commission within a specified period after the final report is filed. Authorizes appropriations.

Title IV: Miscellaneous Provisions - Permits the basic fee portion of an international fee to be paid within one month of filing rather than upon filing. States that the designation of the United States as the country in which patent is sought in an international patent filed under the patent cooperation treaty shall continue to have effect until the international application is withdrawn, if a claim for the benefit of a prior filing date is made before such application is ultimately withdrawn.

Renders permissible (rather than mandatory as under current law) the receipt from the International Bureau of all international applications and search reports for international applications designating the United States.

Permits the Commissioner to fix a later time for the completion of certain requirements than the commencement of the national stage of an international application. States that failure to submit a copy of the application by commencement and lack of compliance with other specified requirements shall be regarded as abandonment of the application. Permits the Commissioner to receive a verification of the translation of an international application. (Under current law such receipt is mandatory.) Permits a surcharge to be levied as a condition for accepting the national fee or the oath or declaration if these requirements are not met by the commencement of the national stage. Eliminates the special fee and restoration of patent provisions for claims not searched in the international stage and later found not to comply with the requirement for unity of invention under the treaty.

Prohibits the collection of fees for maintaining a plant patent in force.

Sets the rate of compensation for members of the Trademark Trial and Appeal Board of the Patent and Trademark Office.