Sec. 101. Limitation on patents
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/bill/116/s/1386/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No patent shall be issued by the United States for any mining claim, millsite, or tunnel site located under the general mining laws unless the Secretary determines that— a patent application was filed with the Secretary with respect to the claim not later than September 30, 1994; and all requirements applicable to the patent application under law were fully complied with by the date described in paragraph (1). Subject to paragraph
(2)and notwithstanding subsection (c), if the Secretary makes the determinations under paragraphs
(1)and
(2)of subsection
(a)with respect to a mining claim, millsite, or tunnel site, the claim holder shall be entitled to the issuance of a patent in the same manner and degree to which the claim holder would have been entitled to a patent before the date of enactment of this Act. The claim holder shall not be entitled to the issuance of a patent if the determinations under paragraphs
(1)and
(2)of subsection
(a)are withdrawn or invalidated by the Secretary or, on review, by a court of the United States. Section 2325 of the Revised Statutes ( 30 U.S.C. 29 ) is repealed.
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Sec. 101
Limitation on patents
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