TREATMENT OF INVENTIVE ACTIVITY.

SEC. 331. TREATMENT OF INVENTIVE ACTIVITY. Section 104 of title 35, United States Code, is amended to read as follows: “§ 104. Invention made abroad “(a) In General.— In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a patent, or a patentee, may not establish a date of invention by reference to knowledge or use thereof, or other activity with respect thereto, in a foreign country other than a NAFTA country, except as provided in sections 119 and 365 of this title. Where an invention was made by a person, civil or military, while domiciled in the United States or a NAFTA country and serving in any other country in connection with operations by or on behalf of the United States or a NAFTA country, the person shall be entitled to the same rights of priority in the United States with respect to such invention as if such invention had been made in the United States or a NAFTA country. To the extent that any information in a NAFTA country concerning knowledge, use, or other activity relevant to proving or disproving a date of invention has not been made available for use in a 107 STAT. 2114proceeding in the Office, a court, or any other competent authority to the same extent as such information could be made available in the United States, the Commissioner, court, or such other authority shall draw appropriate inferences, or take other action permitted by statute, rule, or regulation, in favor of the party that requested the information in the proceeding. “(b) Definition.— As used in this section, the term ‘NAFTA country’ has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act.”.