Pub. L. 112-211, tit. I, sec. 102 (as amended)
CONFORMING AMENDMENTS.
SEC. 102. CONFORMING AMENDMENTS.
Title 35, United States Code, is amended—
(1) in section 100(i)(1)(B) (as amended by the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 284)), by striking “right of priority under section 119, 365(a), or 365(b) or to the benefit of an earlier filing date under section 120, 121, or 365(c)” and inserting “right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c)”;
(2) in section 102(d)(2) (as amended by the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 284)), by striking “to claim a right of priority under section 119, 365(a), or 365(b), or to claim the benefit of an earlier filing date under section 120, 121, or 365(c)” and inserting “to claim a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b), or to claim the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c)”;
(3) in section 111(b)(7)—
(A) by striking “section 119 or 365(a)” and inserting “section 119, 365(a), or 386(a)”; and
(B) by striking “section 120, 121, or 365(c)” and inserting “section 120, 121, 365(c), or 386(c)”;
(4) in section 115(g)(1) (as amended by the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 284)), by striking “section 120, 121, or 365(c)” and inserting “section 120, 121, 365(c), or 386(c)”;
(5) in section 120, in the first sentence, by striking “section 363” and inserting “section 363 or 385”;
(6) in section 154—
(A) in subsection (a)—
(i) in paragraph (2), by striking “section 120, 121, or 365(c)” and inserting “section 120, 121, 365(c), or 386(c)”; and
(ii) in paragraph (3), by striking “section 119, 365(a), or 365(b)” and inserting “section 119, 365(a), 365(b), 386(a), or 386(b)”; and
(B) in subsection (d)(1), by inserting “or an international design application filed under the treaty defined in section 381(a)(1) designating the United States under Article 5 of such treaty” after “Article 21(2)(a) of such treaty”;
(7) in section 173, by striking “fourteen years” and inserting “15 years”;
(8) in section 365(c)—
(A) in the first sentence, by striking “or a prior international application designating the United States” and inserting “, a prior international application designating the United States, or a prior international design application as defined in section 381(a)(6) designating the United States”; and
(B) in the second sentence, by inserting “or a prior international design application as defined in section 381(a)(6) which designated but did not originate in the United States” after “did not originate in the United States”; and
(9) in section 366—
(A) in the first sentence, by striking “unless a claim” and all that follows through “withdrawal.” and inserting “unless a claim for benefit of a prior filing date under section 365(c) of this section was made in a national application, or an international application designating the United States, or a claim for benefit under section 386(c) was made in an international design application designating the United States, filed before the date of such withdrawal.”; and
(B) by striking the second sentence and inserting the following: “However, such withdrawn international application may serve as the basis for a claim of priority under section 365 (a) and (b), or under section 386 (a) or (b), if it designated a country other than the United States.”.
- Public laws referenced
- 112-29