Volume 86 · 502
Public Law 92–358
To carry into effect a provision of the Convention of Paris for the Protection of Industrial Property, as revised at Stockholm, Sweden, July 14, 1967.
Approved July 28, 1972
Statutory text
AN ACT
To carry into effect a provision of the Convention of Paris for the Protection of Industrial Property, as revised at Stockholm, Sweden, July 14, 1967.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 119
Inventors’ certificates.
Patent applications.
of title 35 of the United States Code, entitled “Patents”, is amended by adding at the end thereof the following paragraph:
“Applications for inventors’ certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventors certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patents, subject to the same conditions and requirements of this section as apply to applications for patents, provided such applicants are entitled
21 UST 1583.
to the benefits of the Stockholm Revision of the Paris Convention at the time of such filing.”
Sec. 2.
Subsection 102(d) of title 35 of the United States Code is amended to read as follows:
“(d) the invention was first patented or caused to be patented, or was the subject of an inventor’s certificate, by the applicant or his legal representatives or assigns in a foreign country prior to the date of the application for patent in this country on an application for patent or inventor’s certificate filed more than twelve months before the filing of the application in the United States, or”.
Sec. 3.
Section 1 of this Act shall take effect on the date when Articles 1–12 of the Paris Convention of March 20, 1883, for the Protection of Industrial Property, as revised at Stockholm, July 14, 1967, come into force with respect to the United States and shall apply only to applications thereafter filed in the United States.
Section 2 of this Act shall take effect six months from the date when Articles 1–12 of the Paris Convention of March 20, 1883, for the Protection of Industrial Property, as revised at Stockholm, July 14, 1967, come into force with respect to the United States and shall apply to applications thereafter filed in the United States.
Approved July 28, 1972.