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Volume 49 · 1529

Public Law 74–594

To effectuate certain provisions of the International Convention for the Protection of Industrial Property as revised at The Hague on November 6, 1925.

Approved June 19, 1936

Statutory text

AN ACT

To effectuate certain provisions of the International Convention for the Protection of Industrial Property as revised at The Hague on November 6, 1925.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 4887

Patents.

R. S., sec. 4887, p. 946; U. S. C., p. 1595.

of the Revised Statutes (U. S. C., title 35, sec. 32) be amended to read as follows:

“No person otherwise entitled thereto shall be debarred from

Inventions, etc., previously patented abroad.

receiving a patent for his invention or discovery, nor shall any patent be declared invalid by reason of its having been first patented or caused to be patented by the inventor or his legal representatives or assigns in a foreign country, unless the application for said foreign patent was filed more than twelve months, in cases within the

R. S., sec. 4886, p. 946; U. S. C., p. 1595.

provisions of section 4886 of the Revised Statutes, and six months in cases of designs, prior to the filing of the application in this country, in which case no patent shall be granted in this country.

“An application for patent for an invention or discovery or for

Application filed in this country previously filed in a foreign country granting reciprocal privileges.

a design filed in this country by any person who has previously regularly filed an application for a patent for the same invention, discovery, or design in a foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States shall have the same force and effect as the same application would have if filed in this country on the date on which the application for patent for the same invention, discovery, or design was first filed in such foreign country: Provided, That the application in this country

Proviso.

Inventions patentable; time limitation.

Designs.

R. S., sec. 4886, p. 946; U. S. C., p. 1595.

Exception.

is filed within twelve months in cases within the provisions of section 4886 of the Revised Statutes, and within six months in cases of designs, from the earliest date on which any such foreign application was filed. But no patent shall be granted on an application for patent for an invention or discovery or a design which had been patented or described in a printed publication in this or any foreign country more than two years before the date of the actual filing of the application in this country, or which had been in public use or on sale in this country for more than two years prior to such filing.”

Approved, June 19, 1936.

Parsed from the official Statutes at Large USLM XML in 49.xml