Page:United States Statutes at Large Volume 60 Part 1.djvu/968

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 910-AUG. 8 , 1946 extension shall apply to applications upon which patents have been granted, as well as to applications now pending or filed within the period specified herein: Provided,That no such extension shall apply to any patent unless a request in writing was made therefor during the pendency of the application for such patent in the United States Patent Office, or within twelve months after the passage of this Act, which request must be accompanied by (1) a copy of the original for- eign application, certified to by the patent office of the country in which it was filed, but if the original foreign application has been destroyed, other evidence pertaining thereto may be accepted; (2) a sworn translation of the same if it is not in the English language; and (3) if the foreign application was not made by the inventor him- self, an affidavit by the applicant or patentee stating that such appli- cation was filed for his benefit or on his behalf and that such procedure is in accordance with the procedure in the foreign country: Provided further, That no patent granted or validated by reason of any such extension shall in any way furnish a basis of claim against the Gov- ernment of the United States: Providedfurther, That such extension shall in no way abridge or otherwise affect the right of the United States, or of any person, firm, association, company, or corporation, who, before the passage of this Act was bona fide in possession of any rights in or under patents or applications for patents conflicting with rights in patents granted or validated by reason of such extensions to exercise such rights by itself or himself personally, or by such agents, or licensees as derived their rights from it or him before the passage of this Act, to the extent that they shall not be amenable to any action for infringement of any patent granted or validated by reason of such extension. A patent shall not be refused on an application coming within the provisions of this section, nor shall a patent granted on such appli- cation be held invalid, by reason of the invention having been pat- ented or described in any printed publication or in public use or on sale in the United States more than one year prior to the filing of the application in the United States, unless such patent or publication or such public use or sale was prior to the filing of the foreign applica- tion upon which the right of priority is based. SEC. 2. Whenever, prior to the 8th day of April 1946, an invention, discovery, or a design has been communicated in writing or embodied in any article supplied to the Government of the United States or to any person, firm, or corporation in the United States at the request of said Government, pursuant to and by reason of an agreement or arrangement between the Government of the United States and the government of a foreign country for the supply or mutual exchange of information or articles for use for national defense purposes during the periods of the national emergencies declared by the President of the United States preceding World War II, or for use for war purposes during World War II- (a) A patent based on an application filed by the inventor of the invention, discovery, or design so communicated or supplied shall not be refused or held invalid merely because of the fact that the inven- tion, discovery, or design had been in public use or on sale in the United States, or described in a printed publication, if such public use or sale or publication was in consequence of and attributable to the com- munication or supply and subsequent to the date of the communica- tion or supply; and (b) For use in any action in a United States court or proceeding in the Patent Office involving a patent for an invention, discovery, or a design, or involving an application for patent for an invention, discovery, or a design so communicated or supplied any court of the 941 Request for exten- sion. Restriction. Exercise of righta. Publication, etc. , prior to fling foreign application. Invention, etc., eom- municated prior to Apr. 8, 196. Public ue, eta. Use in court saetk etc.