Volume 45 · 1013
Public Law 70–992
Providing for the extension of the time limitations under which patents were issued in the case of persons who served in the military or naval forces of the United States during the World War.
Approved May 31, 1928
Statutory text
An Act
Providing for the extension of the time limitations under which patents were issued in the case of persons who served in the military or naval forces of the United States during the World War.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That any person who served honorably in the military or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, both dates inclusive, and was subsequently honorably discharged, may within six months after the enactment of this Act, upon payment of a fee of $20, make application to the Commissioner of Patents, com-prising a verified statement, accompanied by supporting evidence of
Statement of facts required.
the following facts:
That he is the inventor or discoverer of an invention or
Patentee of invention granted prior to November 11, 1918, and unexpired.
discovery for which a specified patent was granted prior to the 11th day of November, 1918, the original term of which remains unexpired at the time of the filing of the application.
That between April 6, 1917, and November 11, 1918, and
Ownership between April 6, 1917, and November 11, 1918.
also at the time of the passage of this Act, he held, by ownership or contract, a right in said invention or under said patent or to income by way of royalty or otherwise therefrom, whereby an extension of the term of said patent would benefit him.
That between April 6, 1917, and July 2, 1921, he was not
Income reduced, etc., by war service.
receiving from said patent an income, or that his income therefrom was reduced by his said service.
That at the time of his induction into the service he was making
Exploiting invention when inducted into service.
diligent effort to exploit the invention covered by his patent.
The names of all persons, firms, or corporations, if any,
Consent of all persons having rights, etc., under the patent.
holding at the time of the passage of this Act, by grant, transfer, license, or contract from him, any right or interest in the invention or discovery or under the patent, and their consent to the extension for which application is made, which shall be supported by an instrument, or instruments, executed by all such persons, firms, and corporations, evidencing their consent to such extension.
The period of extension of the patent from the expiration of
Period of extension applied for limited to three times length of war service.
the original term thereof, for which he applies, which shall in no case exceed a further term of three times the length of his said service in the military or naval forces of the United States between the dates of April 6, 1917, and July 2, 1921, but exclusive of any reenlistment subsequent to November 11, 1918.
That the licensee of a patent affected by this Act shall automatically
Extension granted licensee.
be granted an extension of said license for the period of the extension on the same terms and conditions as contained in said existing license, thereby creating an equitable adjustment of the benefits of this Act.
That such extension shall in no way impair the right of anyone
Conflicting rights of other patents, etc., not impaired.
who before the passage of this Act was bona fide in possession of any rights in patents or applications for patents conflicting with the rights in any patents extended under this Act, nor shall any
Lawful manufacturing of invention before passage of Act.
extension granted under this Act impair the right of anyone who was lawfully manufacturing before the passage of this Act the invention covered by the extended patent.
Sec. 2.
In the case of a veteran, as described in paragraph 1 of
Application of legal representative of veteran in case of death, etc.
this Act, who dies, or has died, or who becomes insane or unable to act, which veteran owned an interest as described in this Act in said patent at the time of his death or at the time he was declared mentally incompetent or became unable to act before said extension is granted, such application may be filed or proceeded with by his legal representatives substantially as provided in section 4896 of the Revised
R. S., sec. 4896, p. 947.
Vol. 35, p. 245.
U. S. Code, p. 1168.
Statutes of the United States (United States Code, title 35, section 46), as amended, with respect to proceedings in such cases for obtaining a patent.
Sec. 3.
On the filing of such application the Commissioner of
Proceedings before Commissioner of Patents.
Patents shall cause an examination thereof to be made, and if, on such examination, it shall appear that such application conforms, or by amendment or supplement is made to conform, to the requirements of section 1 of this Act, the commissioner shall cause notice of such
Notice of opposition.
application to be published at least once in the Official Gazette. Any person who believes that he would be injured by such extension may within forty-five days from such publication oppose the same on the ground that any of the statements of the application for extension required by section 1 of this Act is not true in fact, which said notice of opposition shall be verified before an officer authorized by the laws of any State or Territory or the District of Columbia to administer oaths. In all cases where notice of opposition is filed the Commissioner
Hearings.
of Patents shall notify the applicant for extension thereof and set a day of hearing. If after such hearing the Commissioner of
Denial of extension.
Patents is of the opinion that such extension should not be granted, he may deny the application therefor, stating in writing his reasons
Appeal.
for such denial. Where an extension is refused the applicant therefor shall have the same remedy by appeal from the decision of the commissioner as is now provided by law where an application for patent is refused. If no opposition to the grant of the extension is
Certificate to issue if extension granted.
filed, or if, after opposition is filed, it shall be decided that the applicant is entitled to the extension asked for, the Commissioner of Patents shall issue a certificate that the term of said patent is extended for the additional period for which application has been made as
Publication, etc., of notice.
aforesaid, and shall cause notice of such extension to be published in the Official Gazette and marked upon copies of the patent for sale by the Patent Office, in such manner as the commissioner may determine.
Sec. 4.
Thereupon said patent shall have the same force and effect
Effect of extension.
in law as though it had been originally granted for seventeen years plus the term of such extension: Provided, however, That in any
Provisos.
Infringement proceedings after expiration of original patent.
action, at law or in equity, for infringement after the expiration of seventeen years from the grant of the patent and during the period of such extension, the defendant may plead the general issue, and having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial that any of the statements of the application for extension required by section 1 of this Act is not true in fact; and if any one or more of such statements shall be found untrue in fact, judgment shall be rendered for the defendant, with costs: Provided further, That no person whose patent shall be
Rights of United States not affected.
extended under the provisions of this Act shall be permitted to make any claim for damages against the United States for the period of the extension, and the rights of the United States shall remain in all respects as if these patents had not been extended.
Approved, May 31, 1928.