H.R. 1733 (104th): Patent Application Publication Act of 1995

May 25, 1995 (104th Congress, 1995–1996)
Died (Referred to Committee)
Carlos Moorhead
Representative for California's 27th congressional district
Read Text »
Last Updated
May 25, 1995
12 pages
Related Bills
H.R. 3460 (Related)
Moorhead-Schroeder Patent Reform Act

Reported by Committee
Last Action: Jun 11, 1996


This bill was introduced on May 25, 1995, in a previous session of Congress, but was not enacted.

Introduced May 25, 1995
Referred to Committee May 25, 1995
Full Title

To amend title 35, United States Code, to provide for early publication of patent applications, to provide provisional rights for the period of time between early publication and patent grant, and to provide a prior art effect for published applications.


No summaries available.

72 cosponsors (39D, 32R, 1D) (show)

House Judiciary

Courts, Intellectual Property, and the Internet

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

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The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order.
Permits earlier publication at the applicant's request.
Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant.
Requires the applicant to certify that no application was or will be filed for the invention in a foreign country.
Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim.
Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted.
Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent:
(1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and
(2) had actual notice or knowledge of the published patent application.
Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application.
Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant.
Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees.
Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years.
Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application.
Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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