Page:United States Statutes at Large Volume 113 Part 2.djvu/1084

This page needs to be proofread.

113 STAT. 1501A-566 PUBLIC LAW 106-113—APPENDIX I (B) by inserting "and published applications for patents" after "patents". (4) The items relating to sections 12 and 13 in the table of sections for chapter 1 are each amended by inserting "and applications" after "patents". (5) The item relating to section 122 in the table of sections for chapter 11 is amended by inserting "; publication of patent applications" after "applications". (6) The item relating to section 154 in the table of sections for chapter 14 is amended by inserting "; provisional rights" after "patent". (7) Section 181 is amended— (A) in the first undesignated paragraph— (i) by inserting "by the publication of an application or" after "disclosure"; and (ii) by inserting "the publication of the application or" after "withhold"; (B) in the second undesignated paragraph by inserting "by the publication of an application or" after "disclosure of an invention"; (C) in the third undesignated paragraph— (i) by inserting "by the publication of the application or" after "disclosure of the invention"; and (ii) by inserting "the publication of the application or" after "withhold"; and (D) in the fourth undesignated paragraph by inserting "the publication of an application or" after "and" in the first sentence. (8) Section 252 is amended in the first undesignated paragraph by inserting "substantially before "identical" each place it appears. (9) Section 284 is amended by adding at the end of the second undesignated paragraph the following: "Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.". (10) Section 374 is amended to read as follows:

    • § 374. Publication of international application

"The publication under the treaty defined in section 351(a) of this title, of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d) of this title.". (11) Section 135(b) is amended— (A) by inserting "(1)" after "(b)"; and (B) by adding at the end the following: "(2) A claim which is the same as, or for the same or substanti£dly the same subject matter as, a claim of an application published under section 122(b) of this title may be made in an application filed after the application is published only if the claim is made before 1 year after the date on which the application is published. ". SEC. 4508. EFFECTIVE DATE. Sections 4502 through 4507, and the amendments made by such sections, shall take effect on the date that is 1 year after