PROVISIONS TO IMPLEMENT THE PATENT LAW TREATY.

SEC. 201. PROVISIONS TO IMPLEMENT THE PATENT LAW TREATY. (a) Application Filing Date.—Section 111 of title 35, United States Code, is amended— (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: “(3) Fee, oath or declaration, and claims. The application shall be accompanied by the fee required by law. The fee, oath or declaration, and 1 or more claims may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee, oath or declaration, and 1 or more claims within such prescribed period, the application shall be regarded as abandoned. “(4) Filing date. The filing date of an application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.” ; (2) in subsection (b), by striking paragraphs (3) and (4) and inserting the following: “(3) Fee. The application shall be accompanied by the fee required by law. The fee may be submitted after the filing date of the application, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Director. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned. “(4) Filing date. The filing date of a provisional application shall be the date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.” ; and (3) by adding at the end the following: “(c) Prior Filed Application. Notwithstanding the provisions of subsection (a), the Director may prescribe the conditions, including the payment of a surcharge, under which a reference made upon the filing of an application under subsection (a) to a previously filed application, specifying the previously filed application by application number and the intellectual property authority or country in which the application was filed, shall constitute the specification and any drawings of the subsequent application for purposes of a filing date. A copy of the specification and any drawings of the previously filed application shall be submitted within such period and under such conditions as may be prescribed by the Director. A failure to submit the copy of the specification and any drawings of the previously filed application within the prescribed period shall result in the application being regarded as abandoned. Such application shall be treated as having never been filed, unless— “(1) the application is revived under section 27; and “(2) a copy of the specification and any drawings of the previously filed application are submitted to the Director.” . (b) Relief in Respect of Time Limits and Reinstatement of Rights.— (1) [35 U.S.C. 27] In general.—Chapter 2 of title 35, United States Code, is amended by adding at the end the following: “SEC. 27. Revival of applications; reinstatement of reexamination proceedings “The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to revive an unintentionally abandoned application for patent, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant for patent or patent owner.” . (2) Conforming amendment.—The table of sections for chapter 2 of title 35, United States Code, is amended by adding at the end the following: “27. Revival of applications; reinstatement of reexamination proceedings.” . (c) Restoration of Priority Right.—Title 35, United States Code, is amended— (1) in section 119— (A) in subsection (a)— (i) by striking “twelve” and inserting “12”; and (ii) by adding at the end the following: “The Director may prescribe regulations, including the requirement for payment of the fee specified in section 41(a)(7), pursuant to which the 12-month period set forth in this subsection may be extended by an additional 2 months if the delay in filing the application in this country within the 12-month period was unintentional.”; and (B) in subsection (e)— (i) in paragraph (1)— (I) by inserting after the first sentence the following: “The Director may prescribe regulations, including the requirement for payment of the fee specified in section 41(a)(7), pursuant to which the 12-month period set forth in this subsection may be extended by an additional 2 months if the delay in filing the application under section 111(a) or section 363 within the 12-month period was unintentional.”; and (II) in the last sentence— (aa) by striking “including the payment of a surcharge” and inserting “including the payment of the fee specified in section 41(a)(7)”; and (bb) by striking “during the pendency of the application”; and (ii) in paragraph (3), by adding at the end the following: “For an application for patent filed under section 363 in a Receiving Office other than the Patent and Trademark Office, the 12-month and additional 2-month period set forth in this subsection shall be extended as provided under the treaty and Regulations as defined in section 351.”; and (2) in section 365(b), by adding at the end the following: “The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed claim for priority under the treaty and the Regulations, and to accept a priority claim that pertains to an application that was not filed within the priority period specified in the treaty and Regulations, but was filed within the additional 2-month period specified under section 119(a) or the treaty and Regulations.”. (d) Recordation of Ownership Interests.—Section 261 of title 35, United States Code, is amended— (1) in the first undesignated paragraph by adding at the end the following: “The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.”; and (2) in the fourth undesignated paragraph by striking “An assignment” and inserting “An interest that constitutes an assignment”.