Page:United States Statutes at Large Volume 60 Part 1.djvu/970

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 910-AUG. 8, 1946 943 the benefits of this section shall not apply to the manufacture, use, or sale as aforesaid if and to the extent that it is based upon or attributable to a communication of the invention, discovery, or design so manu- factured, used, or sold to the United States or to any person, firm, or corporation in the United States at the request of said Government under an agreement or arrangement between the Government of the United States and the government of another 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. SEa. 5. Notwithstanding the provisions of sections 4885 and 4887 of Deoermont of ian- the Revised Statutes (U. S . C ., title 35, sees. 41 and 32, respectively) a c no patent issued subsequent to July 17, 1945, which was scheduled for issue on that date, or on July 24, July 31, or August 7, 1945, shall be held invalid because of the deferment of the issuance of such patent due to the failure to issue patents on July 17 and July 24, 1945. SEC. 6. Notwithstanding the provisions of the Act of Congress Faiure to obtain approved July 1 1940 (54 Stat. 710; U. S . C ., title 35, sec. 42), as tort in f"' amended by the Act approved August 21, 1941 (55 Stat. 657; U.. C ., title 35, sees. 42a-42f), and as further amended by the Act of June 16, 1942 (56 Stat. 370), no person shall be debarred from receiving a 3 v. C.c ., Supp. patent for an invention made in the United States, nor shall any V, 142note, 42a42t. patent issued for such invention be deemed or held invalid under said Act, merely because authorization to file an application for patent for such invention in any country foreign to the United States was not first obtained from the Commissioner of Patents: Provided, That the Commissioner subsequently authorized the filing of the application in such foreign country. SEC. 7 . That all applications for patents for inventions, discoveries, tovadity ofuappibca or designs officially accepted by the Patent Office and given a serial agents number and date of filing since the 8th day of September 1939, and prior to the passage of this Act, which were executed by an agent of the applicant, and in which a duplicate copy of the specification and a new petition and oath, all duly signed and executed by the inventor or his executor or administrator has been or shall have been filed within a period of twelve months from the approval of this Act, and the patents granted on such applications, shall have the same force and effect as if the papers signed and executed by the inventor, or his executor or administrator, had been filed on the date on which the papers signed by his agent were deposited in the United States Patent Office. SEC. 8 . That all applications for patents for inventions, discoveries, Oath. or designs filed since the 8th day of September 1939, in which the oath was executed before or authenticated by a consular officer, or other representative qualified to administer oaths, of a government acting in the interest of the Government of the United States, shall have the same force and effect as if said oath had been executed by the applicant before a consular officer of the United States. SEC. 9. That in proceedings in the Patent Office and in the courts tabroS i tenot of the United States an applicant for a patent for an invention, dis- ention, tc covery, or a design, or a patentee, shall not be permitted to establish the date of invention or discovery by reference to knowledge or use thereof, or other activity with respect thereto, in a country foreign to the United States, other than the filing in a foreign country of an application for a patent for the same invention, discovery, or design which, in accordance with the provisions of section 4887 of 5..C .i32 the Revised Statutes, as amended, or in accordance with and subject to the provisions of this Act, is entitled to have the same force and