PUBLIC LAW 106-113—APPENDIX I 113 STAT. 150LA-561 all applications filed under section 111(a) of title 35, United States Code, on or after June 8, 1995, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after June 8, 1995; and (2) do not apply to applications for design patents under chapter 16 of title 35, United States Code. Subtitle E—Domestic Publication of Patent Applications Published Abroad SEC. 4501. SHORT TITLE. This subtitle may be cited as the "Domestic Publication of Foreign Filed Patent Applications Act of 1999". SEC. 4502. PUBLICATION. (a) PUBLICATION. — Section 122 of title 35, United States Code, is amended to read as follows:
- §122. Confidential status of applications; publication of
patent applications
- (a) CONFIDENTIALITY. —Except as provided in subsection (b),
applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director. "(b) PUBLICATION.— "(1) IN GENERAL. — (A) Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period. "(B) No information concerning published patent applications shall be made available to the public except as the Director determines. "(C) Notwithstanding any other provision of law, a determination by the Director to release or not t(3 release information concerning a published patent application shall be final and nonreviewable. "(2) EXCEPTIONS.—(A) An application shall not be published if that application is— "(i) no longer pending; "(ii) subject to a secrecy order under section 181 of this title; "(iii) a provisional application filed under section 111(b) of this title; or "(iv) an application for a desigiiL patent filed under chapter 16 of this title. "(B)(i) If an applicant makes a request upon filing, certifying that the invention disclosed in the application has not and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing, the
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